Artificial Neural Networks Do Not Get Special Treatment Before The UKIPO

The UK Court of Appeal has overturned the decision of the High Court over patentability of artificial neural networks (ANNs). They are to be treated like any other computer program when assessing patentability. An AI Invention must have a technical contribution if it is to be Patentable in the UK.

Previously, the High Court¹ had ruled that an ANN is not a "program for a computer" and therefore not subject to the exclusion of section 1(2) of the UK Patents Act. An ANN may be implemented in hardware or in software that emulates hardware. The High Court interpreted the computer program exclusion narrowly and said that ANNs are not excluded and that this was so regardless of how technical or how devoid of technicality was the purpose of the ANN. On that basis, the UKIPO amended its guidelines to permit claims to ANNs (so long as they are explicitly drawn to an ANN).