In a significant development, the UK Intellectual Property Office (UKIPO) has recently made changes that are likely to attract innovators of AI-based technologies. The High Court ruling in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch) on November 21, 2023, has reversed the previous decision of the Comptroller by stating that artificial neural networks (ANNs) should not be excluded as a program for a computer under section 1(2)(c) of the Patents Act 1977. This verdict marks a notable shift in the UKIPO’s approach.
In response to the Emotional Perception judgment, the UKIPO released statutory guidance on November 29, 2023, instructing patent examiners not to challenge inventions involving ANNs based on the program for a computer exclusion. Furthermore, the UKIPO has temporarily suspended its guidelines for examining patent applications regarding AI inventions. The guidelines will be updated to incorporate the findings of the Emotional Perception judgment. The situation is being closely monitored for any further updates and guidelines from the UKIPO.
This change signifies an exciting period for creators of AI-based technologies and computer-implemented inventions in general. Historically, the UKIPO has been more stringent in its criteria for computer-implemented inventions compared to the European Patent Office (EPO). However, with the recent judgment and the impending updated guidelines, there appears to be a noticeable shift in the UKIPO’s stance. The invention at the center of the Emotional Perception case, which provides personalized music recommendations based on emotional and perceptual human responses, exemplifies this change. The EPO’s criteria may have posed challenges for such inventions in terms of meeting the requirements for technical character, a crucial factor in assessing inventive step at the EPO. This development indicates a significant shift in the UK’s patenting landscape for computer-implemented inventions, particularly those relating to AI-based technologies.
As the UKIPO becomes an increasingly inviting space for innovators, it is expected that more AI-based technologies and computer-implemented inventions will be eligible for patent protection in the UK. These changes align with global trends and cater to the growing importance of AI in various industries. It is a positive development that encourages innovation and provides opportunities for advancement in the field of AI-based technologies.
In summary, the UKIPO’s recent legal developments, including the Emotional Perception judgment and subsequent statutory guidance, indicate a shift towards embracing AI-based inventions. The temporary suspension of guidelines for examining patent applications related to AI inventions further demonstrates the UKIPO’s commitment to adapting to the changing landscape. This shift represents a significant opportunity for innovators seeking patent protection in the UK and signals a more favorable environment for the development of AI-based technologies.
