UKSC/2024/0131
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INTELLECTUAL PROPERTY
Emotional Perception AI Limited (Appellant) v Comptroller General of Patents (Respondent)
Case summary
Case ID
UKSC/2024/0131
Parties
Appellant(s)
Emotional Perception AI Limited
Respondent(s)
Comptroller General of Patents
Issue
Does the statutory restriction on patenting a program for a “program for a computer…as such” apply to artificial neural networks (“ANNs”)? If so, does it prevent the Appellant’s application from being patented?
Facts
ANNs are the backbone of the machine learning systems on which modern artificial intelligence systems are based. Emotional Perception AI Limited (“EPAI”) developed an ANN which could provide media file (e.g. song) recommendations to a user based on the file’s physical properties, rather than relying on categories identified by humans. EPAI applied to the UK Intellectual Property Office (“UKIPO”) to patent this ANN. The UKIPO rejected EPAI’s application, on the basis that the ANN fell within the statutory definition of a “program for a computer…as such” in section 1(2)(c) of the Patents Act 1977. Under this legislation, such programs are excluded from the definition of an “invention” and are therefore not patentable. EPAI appealed the UKIPO’s decision to the High Court. It allowed the appeal, finding that the ANN was not excluded under section 1(2)(c). The Comptroller-General of Patents, Designs and Trade Marks (the head of the UKIPO) appealed that High Court decision to the Court of Appeal. It allowed the appeal and restored the original UKIPO decision: the ANN was excluded from patentability under section 1(2)(c). EPAI now appeals to the Supreme Court of the United Kingdom.
Date of issue
16 September 2024
Judgment appealed
Appeal
Justices
Hearing dates
Full hearing
Start date
21 July 2025
End date
22 July 2025
Watch hearings
21 July 2025 - Morning session
21 July 2025 - Afternoon session
22 July 2025 - Morning session
22 July 2025 - Afternoon session
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Change log
Last updated 22 July 2025