AI Patentability & Computer-Implemented Inventions
Specialist UK advice on AI, software and patentability
Hepworth Browne advises on AI patentability, software inventions and computer-implemented inventions in the UK. The firm supports clients developing artificial intelligence, artificial neural networks, data-processing technologies and software-led systems where patentability depends on technical character, claim strategy and the way the invention is framed.
This is a technically and legally demanding area of patent law. Hepworth Browne’s published materials and case work show established experience in AI, computer programs and computer-implemented inventions, including involvement in the Emotional Perception AI v Comptroller General litigation.
Why this area matters
Commercially important innovation is often implemented in software, AI models or mixed technical systems rather than in purely mechanical products. In these cases, the key issue is often not whether the invention is valuable, but whether it has been identified, described and claimed in a way that supports patentability under the UK and EPC framework.
That is why early advice matters. Where the technical contribution is not properly articulated, or where the invention is framed too narrowly or too abstractly, a strong innovation can be put at a disadvantage from the outset.
Why Hepworth Browne
Hepworth Browne already presents AI and computer programs as a core practice area and has published substantial material on artificial neural networks, software patentability and the Emotional Perception line of litigation. The firm’s work in this field combines specialist patent prosecution experience with direct involvement in one of the most significant recent UK authorities on AI and computer-implemented inventions.
That matters for clients looking for more than generic software patent advice. It means advice can be grounded in current UK practice, current case law and the real issues that arise when dealing with AI-related exclusions, technical character and inventive step.
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.
How Hepworth Browne can help
Hepworth Browne can assist with:
- Patentability reviews for AI, software and computer-implemented inventions.
- Claim drafting strategy for neural networks, software-led systems and mixed inventions.
- Advice on technical character, statutory exclusion and inventive-step positioning.
- Review of difficult or previously refused UK applications.
- Filing strategy where AI or software is central to the product or wider IP portfolio.
The firm advises clients at different stages, from early-stage innovation and first filings through to prosecution strategy and reassessment of applications that have already encountered objections.
Emotional Perception and what changed
The Emotional Perception litigation is an important reference point for businesses developing AI and software-led technologies. Hepworth Browne’s published materials present the Supreme Court decision as a major development in the treatment of AI and computer-implemented inventions, particularly in relation to statutory exclusion, technical character and the wider approach to patentability.
For applicants, the practical significance is that the legal framework has moved on. Businesses developing AI systems, software-enabled products and other computer-implemented technologies should therefore assess patent strategy against the current position rather than relying on older assumptions about how these inventions are treated.
Explore related pages
- Emotional Perception AI v Comptroller (2026 UKSC 3) — for the significance of the Supreme Court decision and its practical effect.
- AI Patentability — for AI, machine learning and neural-network-based inventions.
- Computer Programs & Software Patentability — for software-led products, exclusion issues and computer-implemented claims.
- Reviving Refused AI Patent Applications — for cases that may warrant a fresh review after the current legal developments.For more information, please contact Bruce C. Dearling, Shareholder at Hepworth Browne. E-mail: bcd@hepworthbrowne.com
Potentially, yes, but the answer depends on the invention and how it is claimed. Hepworth Browne’s published materials make clear that AI-related inventions need to be assessed within the proper patentability framework rather than by label alone.
Potentially, yes, but not simply because an invention is implemented in software. The real issue is whether the claimed invention has the relevant technical character and whether the important features are presented in the right way.
No. These issues also affect software-led products, data-processing systems and other computer-implemented inventions where the legal analysis turns on technical contribution and patent eligibility.
