@ai_and_law · Post #368 · 08/06/2024, 07:04 AM
English Court of Appeal Decides Artificial Neural Network is Not Patentable In a landmark decision, the English Court of Appeal has ruled that an artificial neural network (ANN) is not patentable, reversing the High Court’s earlier decision. This decision aligns with the UK Intellectual Property Office’s (IPO) initial rejection of the patent application on the grounds of unpatentable subject matter. The case, Comptroller-General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd [2024] EWCA Civ 825, highlighted key issues about the nature of ANNs and their patentability. The Court clarified that both hardware and software ANNs are considered computers and that their "weights and biases" are equivalent to a computer program. This means they fall under the computer program exclusion from patentability unless they can demonstrate a "technical contribution" outside the computer program itself. Importantly, the Court concluded that the training of the ANN, as part of the program's creation, does not constitute a technical contribution. Additionally, the outputs of the ANN, such as improved music recommendations, were deemed non-technical and subjective, thus not contributing to the patentability of the AI system. This decision has significant implications for the patent claims of generative AI systems, where training is a crucial part of development. #AI#PatentLaw#GenerativeAI#IntellectualProperty#TechnologyLaw#AIRegulation#UKLaw