AI Patentability

Specialist advice on patenting AI inventions in the UK

Artificial intelligence is creating commercially valuable technology across software, search, recommendation, data processing and technical systems. However, patentability still depends on the invention itself, the way it is described, and how the claims are drafted. Hepworth Browne advises businesses on AI patentability in the UK, including inventions involving machine learning, artificial neural networks, software-enabled products, and other computer-implemented technologies.

Hepworth Browne is particularly well placed in this area because of its involvement in Emotional Perception AI v Comptroller General UKSC 3, a landmark Supreme Court decision on AI and computer-implemented inventions. The firm’s published materials present the decision as highly significant for how statutory exclusion and inventive step are approached in the UK, especially in rapidly developing AI technologies.

Why AI patentability is not straightforward

AI inventions often sit at the boundary between software, data handling, and technical functionality. As a result, the key issue is not simply whether a system uses AI, but whether the claimed invention, viewed as a whole, can be characterised as making a relevant technical contribution, and whether the features relied upon for patentability support that analysis.

This distinction matters because not all AI-related subject matter is treated in the same way. Hepworth Browne’s published commentary on the Emotional Perception decision presents it as altering the approach to exclusion for computer-implemented inventions, while maintaining a focus on technical character, feature interaction, and inventive step.

What changed after Emotional Perception

The Emotional Perception decision materially changes the UK position on computer-implemented inventions. Hepworth Browne’s commentary states that the Supreme Court held that the Aerotel test should no longer be followed, accepted the “any hardware” approach for assessing exclusion, and emphasised that once the exclusion hurdle is overcome, there must be a careful assessment of which features contribute to the technical character of the invention as a whole.

If your business is developing AI, software or another computer-implemented invention and needs clear UK patent advice, Hepworth Browne can review the technology and advise on the most effective next step.

That is particularly important for AI applicants because many inventions involve a mixture of technical and non-technical features. The firm’s materials on the case and on ANN patentability show why careful invention framing and claim drafting remain central to the outcome.

AI inventions that may merit advice

Hepworth Browne can advise on AI-related patentability for inventions involving:

• Artificial neural networks and trained model implementations.
• Machine learning systems used in search, recommendation or prediction.
• Embedding-based or vector-based retrieval technologies.
• AI-enabled data processing, classification or signal analysis systems.
• Hybrid products combining learned models with hardware or other technical means.

The firm’s published case materials describe Emotional Perception technology as relating to recommendation improvements, ANN-based processing and computer-implemented architecture, which makes the case particularly relevant to modern AI businesses.

How Hepworth Browne can help

Advice can be tailored to the stage of the technology and the commercial objective. That may include an initial patentability review, drafting strategy for a first filing, advice on prosecution and objections, or a broader portfolio review where AI functionality is central to the business.

This is particularly valuable where the invention sits close to historically difficult areas such as neural networks, software-led architectures or data-centric systems. Hepworth Browne’s published materials consistently emphasise the need for careful drafting, precise feature interaction and objective analysis of the invention as a whole.

Why Hepworth Browne

Hepworth Browne’s existing AI and ANN content already positions the firm strongly in this field, and the firm’s involvement in Emotional Perception gives it direct insight into the arguments and practice issues that now matter most in UK AI patentability. Existing Hepworth Browne materials also show long-standing attention to neural networks, computer programs and the treatment of AI-related inventions under UK patent law.

For clients, that means advice grounded not only in general patent prosecution but also in a major Supreme Court authority that reshapes how AI-related inventions should be approached in the UK.