Excluded Subject-Matter
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Emotional Perception AI: Is a Toaster a Computer?
As the first day of the Court of Appeal hearing in respect of Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch) entered its final few minutes, Lord Justice Arnold succinctly identified the issue at hand (YouTube): It seems to me it is an issue of law, and the issue of law is simply stated: what… Continue reading
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Emotional Perception AI: The Fallacy of Equivocation and Original Sin
The decision of Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch) and the recently published UK-IPO Grounds of Appeal make frequent use of the word hardware. What exactly is being referred to? The ODE defines hardware as ‘the machines, wiring, and other physical components of a computer or other electronic system.’ According to… Continue reading
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Emotional Perception AI and reflections on Gale’s Application: where is the computer, where is the program, and where is the submarine?
The UK High Court recently considered whether an artificial neural network (ANN) is a program for a computer and decided it ‘is not’ (Emotional Perception AI v Comptroller-General of Patents [2023] EWHC 2948 (Ch), §58). By deciding that an ANN is not a computer program at all, the plain implication is that an ANN cannot… Continue reading