Patent decision

BL number
Concerning rights in
Hearing Officer
Mr P Thorpe
Decision date
22 June 2022
Person(s) or Company(s) involved
Emotional Perception AI Limited
Provisions discussed
Patents Act S1(2), 14(3) and 76(2)
Added subject matter, Excluded fields (refused), Sufficiency
Related Decisions


The application relates generally to the field of artificial neural networks (ANNs). The invention is concerned with training an ANN to perceive semantic similarity or dissimilarity between media files such as music files and using the trained ANN to recommend a file which is semantically similar to a given input. The applicant argued that ANNs in general did not conform to the classic computer program in that they did not rely on a series of details if then statements. They also argued that even if this was not the case, the method of training of the ANN and that it could be hardware or software based took it outside of the excluded categories. Applying Aerotel, The Hearing Officer however found it to be excluded as a computer program per se and refused the application.

Full decision O/542/22 PDF document336Kb