Disappointing AI judgment could have a ‘catastrophic effect’ on UK science

The court of appeal has reversed last year’s high court judgment permitting patent protection of an artificial neural network (ANN). This latest decision will disincentivise AI investment and innovation in the UK, patent lawyers warn, while the technical definitions used during the case could have catastrophic ramifications for the science and technology sector.

UK law outlines several exclusions to patentability including mathematical methods, artistic works and computer programs. In a landmark case in the high court last November, patent attorney Bruce Dearling from Hepworth Browne successfully argued that an ANN is distinct from a computer program and therefore an invention eligible for patent protection. This result was widely applauded as a crucial first step to support future AI innovation in the UK and in the eight months since November’s judgment, over 100 AI-related patents were filed with the UK Patent Office, including many for scientific applications.