Emotional Perception AI to go to the UK Supreme Court

The UK Supreme Court has granted permission to appeal in Emotional Perception AI. Read our report of the Court of Appeal decision here. 

Quick Recap

In July 2024, the Court of Appeal ruled that Emotional Perception AI’s patent application, concerning a neural network-based tool for recommending music files based on “emotional similarity” with another music file, related to a program for a computer and did not make the necessary technical contribution required to obtain patent protection. In doing so it overruled the High Court’s decision (which we reported here) which held that unique features of neural networks meant that the invention in question fell outside of the definition of computer program.

Following the Court of Appeal’s decision, the IPO quickly suspended changes made to guidelines for examination following the High Court’s decision and issued new guidance confirming that neural network implemented inventions would be treated in the same way as any other computer implemented invention.

The Appeal to the Supreme Court

We anticipate that Emotion Perception will be appealing both the headline question of whether an artificial neural network should be considered a computer program and, if it should, the correct approach to assessing the patentability of computer implemented inventions.

The Supreme Court’s decision is likely to provide valuable guidance on exactly how best to apply patent protections to AI. Furthermore, this judgment may provide important clarifications to the complex rules regarding patentability of computer software, making it of interest to those seeking to protect other types of computer implemented inventions. There has been a longstanding difference of approach between the UK and EPO when assessing computer implemented inventions, which the Supreme Court has not yet had an opportunity to address. One possible outcome of the appeal could be to overhaul decades of UK case law to align the way the subject matter exclusions are looked at in the UK with the approach taken by the EPO 

The hearing is anticipated to take place in mid-2025 and it is unlikely that we will see a judgment before the autumn. Watch this space for further updates!

Written by Toby Bond and Fred Cascarini.