The UK Supreme Court just dropped a bombshell judgment that changes things for AI and software patents in the UK. In Emotional Perception AI Ltd, the Court tore up the rulebook, scrapping the restrictive Aerotel test and finally aligning the UK with Europe.
Now, if your claim involves any hardware (a computer, a server, a database) you now clear the first hurdle. The "computer program as such" exclusion that killed countless applicationsis effectively gone for hardware-based claims.
But it's not a free pass, the battleground has just shifted. We now face a new ‘intermediate step' where you must prove your use of AI solves a technical problem. What this will look like going forward is still TBC.
Practical points that you can use for your portfolios right now:
- Extensions - examiners should look favourably on all extension requests – including both examination response deadlines and compliance periods
- Re-examination - applications currently undergoing examination, recently examined, and potentially even recently refused cases will likely be suitable for re-examination under the new framework
- Administrative procedure - it is currently unclear whether the UKIPO will perform re-examinations automatically but, to be on the safe side, we recommend proactively requesting them
- Timeline - we should expect big delays. It's possible that the UKIPO will prioritize pushing Emotional Perception through the examination before re-assessing other cases
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
