The UKIPO has recently issued a Practice Note updating guidance on search and examination under the UK Patents Act 1977. This follows the February 2026 decision of the UK Supreme Court in Emotional Perception AI Limited (Appellant) v Comptroller General of Patents, Designs and Trade Marks (Respondent) [2026] UKSC 3. That decision particularly related to computer-implemented inventions, but could also be applied more widely.
Under the new guidance, UK IPO Examiners are no longer to apply the approach set out in Aerotel. Instead, they are to adopt Duns principles (A to F) which results in a three-step approach:
Step 1 – The ‘any hardware’ test. Is the claimed subject matter an ‘invention’ with regard to Sections 1(1) and 1(2) of the Patents Act 1977? If the claimed invention falls into a Section 1(2) exclusion, examiners should raise an objection if the claimed invention does not contain any technical character.
Step 2 – Identify and analyse the features which contribute to the technical character of the claimed invention. In other words, which features provide a technical solution to a technical problem? Consulting the EPO Guidelines for Examination may be helpful.
Step 3 – The guidance regarding novelty and inventive step has not changed since Emotional Perception AI Limited. Inventive step is still assessed according to the Pozzoli approach. However, in line with Step 2, only features which contribute to the technical character of the claimed invention should be considered.
If you need any advice or assistance, then please contact us at: mail@morelandip.com or via our website at www.morelandip.com.
Sources:
Search and Examination of UK Patent Applications under the Patents Act 1977 (as amended) – GOV.UK
Changes to the search and examination of UK patent applications: PPN 02/26 – CIPA