Examining patent applications relating to artificial intelligence (AI) inventions

Summary:

The document provides guidance for examining patent applications relating to artificial intelligence (AI) inventions by the Intellectual Property Office (IPO). The guidance is divided into two parts: guidelines and scenarios. The guidelines outline the legal framework for examining AI inventions and explain how the IPO will apply its examination procedures. The scenarios provide practical illustrations of how the IPO would apply the guidance in different situations.

The document has been updated twice, with the latest update on 7 May 2024, which added new paragraphs and edited existing ones to reflect changes in the judgment in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch) and other decisions concerning AI inventions.

The guidance covers topics such as the legal framework for examining AI inventions, the IPO's approach to examining AI patents, and the types of evidence required to support an AI invention. The scenarios cover a range of issues, including the novelty and non-obviousness of AI inventions, the eligibility of AI inventions for patent protection, and the disclosure requirements for AI-related patent applications.