Examining patent applications relating to artificial intelligence (AI) inventions
The guidelines are temporarily suspended pending consideration of the judgement of the Court of Appeal in Comptroller of Patents v Emotional Perception AI Ltd [2024] EWCA Civ 825.
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The guidance is in two parts:
a) The guidelines set out the legal framework for examining patent applications for or using artificial intelligence and how this will be applied.
b) The scenarios provide a number of practical illustrations based on an abridged patent specification. Each scenario includes a basic analysis showing how the IPO would apply the guidance.
Updates to this page
Last updated 7 May 2024 + show all updates
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Paragraphs 32 to 39 of the guidelines are added to discuss the judgment in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch). Paragraphs 7, 112, 125, 127 and 128 of the guidelines are edited following the Emotional Perception judgment. Paragraphs 47, 48, 59, 64, 65, 69, 109, 110, and 135 of the guidelines are added to discuss decisions of the Comptroller concerning AI inventions. Scenarios 13 to 15 are edited to say they are not excluded following the Emotional Perception judgment.
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First published.