Rewriting the Rules: Inside the UKIPO's New Practice Note on AI Patentability

Following the UK Supreme Court’s decision in Emotional Perception AI Ltd v Comptroller-General (“Emotional Perception”), the UKIPO has released updated guidance on the search and examination of AI inventions, and computer implemented inventions more generally. The practice note, issued on 14 July 2026, reemphasises the use of the Pozzoli approach and requires that examiners reevaluate excluded matter objections, disregarding Aerotel. The practical prosecution guidance leaves two questions that may need to be answered by the courts in the future: what constitutes technical character, and when should technical character be assessed relative to the prior art. 

The practice note provides guidance for applying the three-step approach in practice, instructing examiners not to apply the Aerotel test. In a significant change to UK practice, the UKIPO directed examiners not to follow sections 1.07 to 1.51.7 of the Manual of Patent Practice, leaving EPO guidance to fill the gap until the