On 14 July 2026, the UKIPO published its long-awaited Practice Note, entitled “Search and Examination of UK Patent Applications under the Patents Act 1977 (as amended)”,  in light of the Supreme Court decision in  February this year on the Emotional Perception AI Limited case.

The statutory guidance summarises the judgment and sets out how examiners should now search and examine UK patent applications.

The main takeaways from the Practice Note include:

  • A three-step approach should be followed for computer-implemented inventions when assessing patentability, and examiners should:
    1. Decide whether the subject matter of the claim qualifies as an invention;
    2. Identify the features of the claim which contribute to the technical character of the invention; and then
    3. Assess whether the invention is new and then whether it involves an inventive step, considering only the technical features identified in step 2.
  • The Manual of Patent Practice will now be updated to reflect these changes.
  • With the exception of Aerotel, (the previous leading authority on the assessment of computer-implemented inventions,) all other applicable case law regarding patentability should still be followed, including Windsurfer (novelty) and Pozzoli (inventive step).

The Practice Note makes clear that further guidance is expected. In particular, the UKIPO hearing in Emotional Perception AI Ltd is set for 4 August 2026, so this remains an area of risk and uncertainty for applicants, although some may see that risk as an opportunity.

For further information relating to your computer-implemented invention, or for any other matter relating to IP please contact us.