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The UK Supreme Court held that the Aerotel approach to EPC Article 52 should no longer be followed, and remitted an AI patent application to the UKIPO.
The claimed invention is not excluded from patentability as a computer program as such because, in the case of a hardware ANN, there is no computer program involved, and in the case of a software emulation, the emulated ANN operates at a different level from the underlying software and is not a program. The only computer program involved is at the training stage, which is not the subject of the claim. Even if there were a computer program, the invention makes a technical contribution by providing an improved file recommendation system that results in the external technical effect of sending a…
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