Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Limited

Following the Court of Appeal's judgment in Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Limited, Conor McLaughlin, Managing Associate (Patent Attorney) at Mishcon de Reya, provided his expert commentary:

"Today the Court of Appeal has handed down its judgment in Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Limited.

This case revolved around an artificial neural network (ANN) system designed to provide media file recommendations to users. The core issue under debate was whether such an invention fell under patentable subject-matter as defined in section 1(2) of the 1977 UK Patents Act.

The Court of Appeal determined that the invention was excluded from patent protection, primarily because it was classified as a 'computer program as such'. Additionally, the Court remarked (though did not definitively rule) that even if the invention were not excluded under the 'computer program as such' category, it might still be excluded as a 'mathematical method as such'.

Previously, the High Court decision had been celebrated in the industry for potentially lowering the barrier to patenting AI-based inventions in the UK, marking a significant shift towards more inclusive protection standards. However, the Court of Appeal's decision appears to restore the traditional, stringent criteria, making it challenging yet not impossible to secure patents for AI-driven innovations in the UK."

This judgment highlights the ongoing complexities and high thresholds associated with patenting AI technologies, reinforcing the notion that while innovation in AI continues to surge, legal recognition and protection lag behind stringent statutory interpretations.