Patent Strategy for Medical AI Web Services — Rights and Enforcement in the Age of Distributed Deployment

Part 2: Can a Server Abroad Still Escape a Patent? Inside the Landmark Dwango v. FC2 Ruling [Paid]

September 4, 2026 · Shishido & Associates

"Put the server abroad, and Japanese patent rights can't touch you." That design assumption—long treated as gospel—was upended by Japan's Supreme Court on March 3, 2025. In a dispute over a video-comment delivery system, the court ruled for the first time on how far a Japanese patent reaches across a borderless, distributed system. This paid article unpacks the test the court actually applied: Did territoriality survive? What does "substantially performed within Japan" really mean? And we walk through the distinct factors the court laid out for 'provision-type' and 'production-type' claims.

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Part 1: Inference in the US, Database in Europe — Can Japanese Patent Rights Reach "Borderless Medical AI"? Part 1: Inference in the US, Database in Europe — Can Japanese Patent Rights Reach "Borderless Medical AI"? Part 2: Can a Server Abroad Still Escape a Patent? Inside the Landmark Dwango v. FC2 Ruling [Paid] ▶ This part Part 2: Can a Server Abroad Still Escape a Patent? Inside the Landmark Dwango v. FC2 Ruling [Paid] Part 3: Does a Patent Really 'Reach' a Medical AI Service? The Architecture That Decides [Paid] Part 3: Does a Patent Really 'Reach' a Medical AI Service? The Architecture That Decides [Paid] Part 4: When Your Customer Is Anyone — or an AI — Anywhere: API Access and the Vanishing 'Infringer' [Paid] Part 4: When Your Customer Is Anyone — or an AI — Anywhere: API Access and the Vanishing 'Infringer' [Paid] Part 5: How to Actually Protect a Medical-AI Web App in the Cloud Era (Series Finale) [Paid] Part 5: How to Actually Protect a Medical-AI Web App in the Cloud Era (Series Finale) [Paid]

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