AI-Involved Inventions and Patentability: Emotional Perception AI v Comptroller-General of Patents, Designs and Trade Marks
Modern Law Review, cilt.88, sa.4, ss.839-850, 2025 (SSCI, Scopus)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 88 Sayı: 4
- Basım Tarihi: 2025
- Doi Numarası: 10.1111/1468-2230.12954
- Dergi Adı: Modern Law Review
- Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI), Scopus, IBZ Online, Criminal Justice Abstracts, Index to legal periodicals & books, Political Science Complete, Public Affairs Index, vLex
- Sayfa Sayıları: ss.839-850
- Boğaziçi Üniversitesi Adresli: Evet
Özet
The growing use of artificial intelligence technologies in inventions has significantly increased the number of AI-involved patent applications. This trend has prompted a reassessment of the boundaries defining excluded subject matter in patent law, as exemplified in Emotional Perception AI v Comptroller-General of Patents, Designs and Trade Marks. While computer programs are traditionally classified as excluded subject matter and as such ineligible for patent protection, exceptions apply to computer-implemented inventions that demonstrate a technical contribution beyond the ordinary functioning of a computer. The question addressed in Emotional Perception AI v Comptroller-General of Patents, Designs and Trade Marks was whether inventions involving artificial intelligence, particularly artificial neural networks, should be treated the same as conventional computer-implemented inventions regarding patentability under section 1(2) of the Patents Act 1977. Although the High Court adopted a pioneering approach to this issue, the Court of Appeal rejected this approach, and instead adhered to the conventional perspective on computer-implemented inventions.