The Supreme Court considers whether an Artificial Neural Network can be patentable – Law Firm
The Supreme Court considers whether an Artificial Neural Network can be patentable – Law Firm
Publish Date: 2026-03-10 11:38:00
Source Domain: www.foxwilliams.com
- The Supreme Court ruled that an artificial neural network (ANN), a type of artificial intelligence (AI) model inspired by the human brain, is considered a computer program under UK law.
- The Court clarified that while an ANN constitutes a computer program, it might still be patentable if it has technical features beyond the computer program itself.
- The Court sent the case back to the UK Intellectual Property Office (UKIPO) to determine if the ANN could meet the remaining patentability requirements using the new reformulated test.
- Businesses developing or protecting AI-driven technologies should carefully draft patent applications and review existing filings, considering the exclusion for computer programs “as such”.
- The decision highlights the increasing importance of AI-related litigation and the potential for additional guidance from the UKIPO after application of the Supreme Court’s test.
- Ongoing developments in AI regulation mean that the UK government is still exploring policy options regarding copyright and AI, although deadlines may be subject to change.
