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ARTICLE · 20 JULY 2026

New ‘Technical Character’ Guidance Formalised By UKIPO Practice Note

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The UK Intellectual Property Office has released formal guidance for examining patent applications involving software and AI inventions, marking a significant shift from the nearly 20-year-old Aerotel test. Following the landmark Emotional Perception Supreme Court ruling, the new three-step approach harmonises UK patent examination with European Patent Office practices, potentially opening new opportunities for software and AI innovators to protect their inventions in the UK.

United KingdomIntellectual Property
Jess Davis
Jess Davis
Oliver Pooley
Oliver Pooley
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The UK Intellectual Property Office (UKIPO) has now released formal guidance for examining UK patent applications directed to software and AI inventions. The practice note comes almost six months since the landmark Emotional Perception [2026] UKSC 3 ruling which harmonised the UK’s assessment of “technical character” for mixed-type inventions (i.e. inventions comprising a mixture of technical and non-technical features) with the approach of the European Patent Office (EPO).

For those who have been following the Emotional Perception saga closely, the guidance confirms that the almost 20-year-old Aerotel test has been discarded. While the departure from Aerotel is a significant shift for UK patent law, this guidance primarily serves to codify, for UKIPO examiners, the practice we have been navigating since February.

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