The Supreme Court considers whether an Artificial Neural Network can be patentable – Law Firm

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.