UK High Court patent decision regarding the patentability of AI
22 November 2023
Yesterday, the High Court issued the first patent decision regarding the patentability of AI. The decision seems to have positive implications for the patentability of AI based inventions in the UK.
The decision suggests that an Artificial Neural Network (ANN) is not necessarily excluded from patentability as a program for a computer. Both a trained ANN and data identified and/or selected by the trained ANN may be regarded as “technical effects”, thereby being considered as patentable invention. This would appear to be a more generous position than the recent guidance issued by the UKIPO on the patentability of AI inventions.
Given the potential scope of this decision, we would not be surprised if this decision was appealed.
Edit: After publishing this article, the UKIPO have since suspended their guidelines on AI.
Dr Diego Black & Dr Harry Strange
Electronics, Computing & Physics group
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP November 2023
