Emotional Perception AI Limited (Appellant) v Comptroller General of Patents (Respondent)

Hearing listed

Case summary
Appeal

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.