Guidance

Examining patent applications relating to artificial intelligence (AI) inventions

Guidelines and scenarios explaining how the IPO examines AI inventions.

• From: Intellectual Property Office
• Published: 22 September 2022
• Last updated: 30 January 2025
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  1. 30 January 2025

     Paragraphs 4.4 to 4.7, 4.23 to 4.28, 5.12, 5.33 to 5.37, 7 to 7.10, 8.5, and 8.6 of the guidelines are added or edited following the judgment of the Court of Appeal in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2024] EWCA Civ 825. Minor editorial revisions are made throughout the guidelines. Scenarios 13 to 15 are edited to say they are excluded subject matter following the Emotional Perception judgment. Scenarios 16 and 17 are updated to reflect the Emotional Perception judgment.

  2. 7 May 2024

     Paragraphs 32 to 39 of the guidelines are added to discuss the judgment in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch). Paragraphs 7, 112, 125, 127 and 128 of the guidelines are edited following the Emotional Perception judgment. Paragraphs 47, 48, 59, 64, 65, 69, 109, 110, and 135 of the guidelines are added to discuss decisions of the Comptroller concerning AI inventions. Scenarios 13 to 15 are edited to say they are not excluded following the Emotional Perception judgment.

  3. 22 September 2022

     First published.

This publication was withdrawn on 11 February 2026

Following the judgment of the Supreme Court in Emotional Perception AI Ltd v Comptroller General of Patents, Designs and Trade Marks [2026] UKSC 3, these guidelines have been removed.

Documents

Guidelines for examining patent applications relating to artificial intelligence (AI)

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Scenarios applying the guidelines for examining patent applications for AI

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Details

The guidance is in two parts:

a) The guidelines set out the legal framework for examining patent applications for or using artificial intelligence and how this will be applied.

b) The scenarios provide a number of practical illustrations based on an abridged patent specification. Each scenario includes a basic analysis showing how the IPO would apply the guidance.