The UKIPO has softened its approach to patent applications relating to artificial neural networks, but for how long?

Following this update, the position on the examination of applications relating to artificial neural networks (ANNs) has softened in the UK. The UKIPO has made clear in the updated guidelines that patent examiners should not object under the “program for a computer” exclusion to applications “claim[ing] an ANN itself” or applications “includ[ing] claim limitations to training or using an ANN”.

To demonstrate this, three of the eighteen AI patentability scenarios included in the UKIPO guidance have a changed outcome. These three scenarios relate to “optimising a neural network”, “avoiding unnecessary processing using a neural network” and “active training of a neural network”, which were considered to be excluded from patentability in the previous version of the guidance. In the new version of the guidance, these three inventions relating to ANNs are not considered to be excluded from patentability.

However, the UKIPO has stated in the updated guidance that the “mathematical method” exclusion from patentability may still apply for certain inventions relating to ANNs.

The UKIPO has appealed the Emotional Perception AI High Court judgement. The appeal hearing took place in May 2024 and the judgement of the appeal hearing could be issued at any time. If the appeal is successful, a further update to the guidelines for examining patent applications relating to AI inventions is likely to follow. It should therefore not be assumed that the current guidelines will apply to UK examination practice for an extended period.