Statutory guidance
Examining patent applications involving artificial neural networks
Information on changes to IPO practice on examination of inventions involving Artificial Neural Networks.
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On 19 July 2024 the Court of Appeal handed down its judgment in Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825.
Following the judgment, the office is making an immediate change to practice for the examination of artificial neural networks (ANNs) for excluded subject matter.
Patent examiners should treat ANN-implemented inventions like any other computer implemented invention for the purposes of section 1(2). This means examiners should apply the Aerotel approach to assess whether an ANN-implemented invention makes a contribution which is technical in nature.