UK moves closer to Europe on the patenting of software and AI inventions
24 Aug 2026
The UK Intellectual Property Office (UKIPO) has provided new guidance for those looking to protect software and AI-based inventions. This follows a major decision from the UK’s highest court (in the Supreme Court case Emotional Perception AI Ltd v Comptroller General of Patents [2026] UKSC 3).
The guidance brings UK practice closer to the approach established by the European Patent Office, giving greater clarity and certainty.
The new approach can be broken down into three steps:
- First hurdle – does the claim qualify as an invention, by including any hardware?
- Intermediate step – which features of the claim contribute to the invention's technical character overall?
- Second hurdle – assess novelty and inventive step based only on those features having technical character.
The updated practice should help applicants decide whether to apply in the UK to protect their inventions in this field, with the outcome now being more predictable.
