- High Court finds AI ‘genome’ invention comprises excluded subject matter (Reaux-Savonte v Comptroller-General)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: An appeal from the Intellectual Property Office has been dismissed by the High Court, in which an application for a patent claiming a structured array of data said to enable the evolution of artificial intelligence (AI) was refused on the grounds that it was excluded subject matter under section 1(2) of the Patent Act 1977 (PA 1977). In part because the appellant appeared in person, the High Court usefully set out and analysed the substantive law in relation to the application of PA 1977, s 1(2), following the Aerotel and Symbian leading decisions, and the ‘signposts’ identified in the caselaw which followed. The High Court found that the hearing officer, in formulating the conclusion that the invention was excluded subject matter, had not applied the law (particularly relating to the signposts) in an overly restrictive manner. It rejected the appellant’s argument that the hearing officer’s conclusions were too restrictive because they were at odds with the Manual of Patent Practice (the Manual). Written by Mark Daniels, partner, at Browne Jacobson LLP.
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