In a significant ruling by the UK Court of Appeal, the scope of patent eligibility for artificial neural networks (ANNs), a foundational technology for modern AI systems, has been clarified.
Conor McLaughlin, Managing Associate at Mishcon de Reya, shared his insights with World Intellectual Property Review on the implications of this case for the patentability of ANNs. The case in question involved a dispute between the Comptroller-General of Patents, Designs and Trademarks and Emotional Perception AI.
McLaughlin observed that the initial 2023 decision had been welcomed by the industry for potentially lowering the bar for AI-based invention protections in the UK. However, the Court of Appeal's recent verdict seems to restore the more stringent criteria for patenting AI inventions.
He commented: "The Court of Appeal's decision would seem to return that bar firmly back to its previous position, and reaffirm the status quo that it remains difficult (though certainly not impossible) to obtain protection for AI-based inventions within the UK."
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