UKIPO updates patent examination guidance after Supreme Court AI ruling
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The UK Intellectual Property Office (UKIPO) has issued updated guidance on the search and examination of patent applications following a Supreme Court judgment concerning AI inventions.
The guidance follows the Supreme Court’s decision in Emotional Perception AI Limited v Comptroller General of Patents, Designs and Trade Marks [2026] UKSC 3, which changed how section 1 of the Patents Act 1977 should be interpreted and applied.
The UKIPO said the ruling had immediate implications for the examination of UK patent applications, particularly those involving computer-implemented inventions.
The new practice notice summarises the Supreme Court’s decision and sets out how patent examiners should approach the interpretation of section 1, as well as providing guidance on how the judgment should be applied during the search and examination process under sections 17 and 18 of the Act.
The UKIPO said the update was intended to ensure that examination practice reflects the legal position established by the court.
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