Artificial intelligence inventions – IPO update

Artificial intelligence inventions at the IPO, update 19 July 2024

On 19 July, the Court of Appeal handed down its decision in The Comptroller v Emotional Perception AI Ltd [2024] EWCA Civ 825. The IPO welcomes the decision of the court and the clarity it brings to the law in this area. The IPO intends to issue a practice notice and revise its guidance in due course. The existing guidance (see below) on examining patent applications relating to artificial intelligence on gov.uk has been suspended pending the publication of the revised version.

IPO update to the Patent Practice Working Group.

Artificial intelligence inventions at the IPO, May 2024

The UK Intellectual Property Office has updated its guidance in relation to the examination of patent applications relating to artificial intelligence inventions, following the judgment of the Court in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (ch) in November 2023.

The updated guidance is published on GOV.UK at https://www.gov.uk/government/publications/examining-patent-applications-relating-to-artificial-intelligence-ai-inventions

Practitioners should be aware that the judgment of the Court in this case is currently subject to appeal.