31 January 2024

Court of Appeal hearing date for patentability of AI inventions fixed

The Court of Appeal is set to hear the appeal arising from the recent decision of the High Court in Emotional Perception v Comptroller-General [2023] EWHC 2948 (Ch) on 14 May 2024. The Court’s judgment is expected to be handed down a few weeks after the hearing.

The decision of the Court of Appeal in this case will be closely followed and may have significant consequences for the patentability of AI inventions in the UK, and perhaps even computer-implemented inventions more generally, given the approach taken by the High Court, as we discussed here.

The High Court decision has been perceived as being in tension with the approach taken by the European Patent Office (EPO) on AI inventions. It remains to be seen whether the Court of Appeal will attempt to reconcile the two approaches, pick between them or find another path.