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UK Supreme Court hears Emotional Perception AI patent appeal as UKIPO defends Aerotel, warning EPO approach would erode PA 1977 software and mathematics exclusions

Published on: 24 July 2025

Published by a Law360 reporter
Legal News
Article summary

Emotional Perception AI Ltd seeks to promote a so-called 'Frankenstein test' that merges the European Patent Office's (EPO) endorsed approach, intended purely to excise certain patentability exclusions obstructing protection for its invention, counsel for the UK Intellectual Property Office (UKIPO) told the court on 22 July 2025. Describing it as 'a recipe for disaster', Brian Nicholson KC, acting for the comptroller-general of patents, said on 22 July 2025 that almost every patent case would then have to decipher a new standard from the sheet his learned friend handed round. Emotional Perception aims to obtain a patent for an artificial neural network, or ANN, which offers media recommendations by reference to the 'physical' properties of another song or image, as part of its bid to secure patent protection ultimately...

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