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ARTICLE · 22 JANUARY 2024

Broadening The Parameters Of AI Patentability

Shepherd and Wedderburn
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In Emotional Perception AI Ltd v UKIPO the UK High Court considers the application of the computer programs exclusion to the patentability of an AI invention.

United KingdomIntellectual Property
Ruairidh Leishman
Ruairidh Leishman
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In Emotional Perception AI Ltd v UKIPO the UK High Court considers the application of the computer programs exclusion to the patentability of an AI invention.

On 21 November 2023, the UK High Court handed down its judgement in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs, and Trade Marks, which considered the application of the computer programs exclusion to the patentability of an AI invention.

This was the first judicial decision in the UK to consider such an issue and may represent a turning point in ruling against the UK Intellectual Property Office's (UKIPO) decision to exclude the AI system from patentability on the basis that the AI fell within the computer programs exclusion and that it had not produced a substantial technical contribution.

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