AI Law - International Review of Artificial Intelligence Law
G. Giappichelli Editore

29/05/2024 - Patenting AI Inventions in the UK: An Update on the Emotional Perception Case (UK)

argument: Decisioni/Decisions - Intellectual Property Law

According to an article by Potter Clarkson on Mondaq, the UK Court of Appeal recently reviewed the case between Comptroller-General of Patents and Emotional Perception AI Ltd. The case centers on the patentability of AI inventions, specifically a system for providing semantically relevant file recommendations using an artificial neural network (ANN). Initially, the UK IPO rejected the patent application, deeming it a computer program. However, the High Court ruled in favor of Emotional Perception AI Ltd., arguing that ANNs are not merely computer programs. The Court of Appeal is now considering whether ANNs should be excluded from patentability under UK law, focusing on the definitions of "computer" and "program," and whether the invention provides a technical contribution. The UK IPO has since issued guidance indicating that AI inventions involving ANNs should not be excluded as computer programs. The decision could impact AI innovation and patent strategies in the UK.