The recent decision of the Supreme Court of the United Kingdom in Emotional Perception AI Limited (Appellant) v Comptroller General of Patents, Designs and Trade Marks (Respondent) [2026] UKSC 3 ("Emotional Perception") raises significant issues regarding patentable subject matter and inventive step, potentially impacting patent practice in Singapore. The Supreme Court held that inventions involving artificial neural networks (ANNs) are patentable if they demonstrate a technical character, marking a departure from the traditional Aerotel approach in the UK and aligning more closely with the "any hardware" approach of the European Patent Office (EPO).
The court's decision invites feedback from IP practitioners on its relevance and potential impact on Singapore's patent system. Key questions include: whether the decision is pertinent to Singapore's practice, the extent to which it provides clarity on patentable subject matter and inventive step, and the challenges it may pose for patent applicants and practitioners. Submissions are requested by 14 May 2026 via Form SG, with confidentiality options available for proprietary information. The feedback will inform future discussions and policy considerations.