Intellectual property information

UK Patent Eligibility Decision on Artificial Neural Network Inventions Causes Controversy?

In November 2023, the UK High Court ruled that artificial neural networks(ANN) itselfThe court held that, because the invention is not a computer program, it is not subject to the patent ineligibility grounds for "computer programs" ([2023] EWHC 2948 (Ch)).

Following this ruling, the UK was expected to reach a different examination outcome regarding the eligibility of computer program-related inventions than the general EPO approach.

However, the situation changed dramatically, and on July 2024, 7, ANN was deemed to be equivalent to a computer program without exception.The computer program itselfis excluded from patent eligibility in the UK ([2024] EWCA Civ 825).

An appeal against this decision is planned to be made to the UK Supreme Court. As for future developments, there is a possibility that the patent eligibility of ANN will be reconsidered, but at present, attention is focused on whether the UKIPO will amend or revoke its current examination guidance.

Reference URL:
https://www.gov.uk/government/publications/examining-patent-applications-involving-artificial-neural-networks/examining-patent-applications-involving-artificial-neural-networks

 

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