One Algorithm, Three Standards: AI Patent Eligibility Across The UK, EPO, And U.S.

Artificial intelligence may be global, but patent eligibility remains stubbornly local. A recent decision out of the Supreme Court of the United Kingdom seems to have nudged UK practice for computer-implemented inventions closer to the approach historically taken by the European Patent Office. The decision lowers the threshold for exclusion from patentability, reducing the likelihood that applications for these types of inventions will be automatically rejected on their face. However, this approach still differs from U.S. practice, representing a continental divide that needs to be taken into account when seeking patent protection for AI-related inventions on a global basis. AI prosecution should not occur in cross-border silos.