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UK TMT weekly: Supreme Court on patentability; Ofcom/DCMS implement Media Act VoD standards and EPG rules; Online Safety regime; UKRI AI strategy; gambling sponsorship ban consultation; satellite D2D rules

Published on: 26 February 2026

Published by a LexisNexis TMT expert
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New technologies

Tenets of patentability affected by the UK Supreme Court (Emotional Perception v Comptroller of Patents UKIPO)

In Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2026] UKSC 3, the Supreme Court has shaken the bedrock of UK patent law by resetting how exclusions from patentability—namely non‑patentable subject matter—are assessed. In addition, the Court clarifies what constitutes an invention and offers steer on evaluating inventive step/obviousness. This is a landmark for a generation: it will endure while driving immediate changes in patent practice. The ruling removes long‑standing UK obstacles to protecting advances across ‘all fields of technology’, not merely the AI and computing domains where Emotional Perception’s system sits. Its multi‑layered reasoning brings alignment and partial harmonisation with many European Patent Office principles, yet some differences and knock‑on effects remain—consequences that may, or may not, prove significant...

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