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News and commentary on IP issues

UK Patentability for Artificial Intelligence

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The UK High Court has issued an important ruling in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks, overruling the UK IPO and deciding that trained artificial neural networks (ANNs) do not fall under the "program for a computer" exclusion of section 1(2)(c) of the Patents Act 1977. The UK I...
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UK Supreme Court Judgement on DABUS as an inventor

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Today, 20th December 2023, the UK Supreme Court has handed down its judgment in this case, dismissing Dr Thaler's appeal. On the Issue of Patentability The UK Supreme Court has held that: "…DABUS, a machine with no legal personality, is not and has never been an inventor within the meaning of the 1977 Act. This is more than a formal objection.It go...
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DABUS at the UK's Supreme Court - inventorship of AI created inventions to be decided

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On 2 March 2023, Robert Jehan and Dr Ryan Abbott will appear before the Supreme Court of the United Kingdom to argue that the Patents Act 1977 can permit the granting of patents for the DABUS patent applications. The appellant, Dr Thaler, created an Artificial Intelligence (AI) machine known as DABUS that in turn, in the absence of a traditional hu...
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UK Court of Appeal judgment on the DABUS AI as inventor appeal

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On 21 September 2021 the Court of Appeal handed down its judgment in THALER v COMPTROLLER GENERAL OF PATENTS TRADE MARKS AND DESIGNS [2021] EWCA Civ 1374. The Court of Appeal, in a split 2/1 decision dismissed Dr Thaler's appeal. Lord Justice Arnold held in his judgment that there is no rule of law that a new intangible produced by existing ta...
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UK IPO Calls for Views on Patents for AI Inventions

We have previously written about our involvement in filing and prosecuting patent applications for two inventions created by the AI inventor DABUS, and naming DABUS (the true deviser of the inventions) as the inventor.The UK IPO found the inventions to be both novel and inventive, and therefore, in principle, protectable by patent.  ...
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