Is your AI patentable? Lessons from the Court of Appeal’s landmark ruling

We explore the key issues from the case and consider the practical implications for those operating in the tech, creative and data-driven sectors.
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We help you to navigate the commercial and regulatory legal issues surrounding AI.
The concept of artificial intelligence (AI) is not new, but the growth in computing power in recent decades, coupled with the availability of almost unlimited data-sets, has created the fastest-growing and most-invested technology sector to date.
At the same time, regulators remain resolutely focused on ensuring the responsible use and protection of data. The Information Commissioner’s Office has identified AI as one of its three strategic priorities and lists three distinctive aspects of big data analytics that can raise data protection implications. These are the new ways of using algorithms, the opacity of the processing and the tendency to collect and analyse all of the data that is available, often for new purposes.
Along with the seven key principles in the European General Data Protection Regulation (GDPR), this raises a real tension with data-driven AI products and services and extreme care must be taken by businesses in that sector to ensure that they make GDPR compliance central to their development and deployment plans. With fines for breaches set at very high levels, this is a critical area that cannot be ignored.

To harness the power of AI while fulfilling data protection obligations, organisations need knowledge, insight and action they can trust. They must also be alive to the profound liability issues that surround reliance on artificial intelligence in commercial decision-making.
Whether your business is aimed at or reliant on a general AI solution with broad applicability to tasks usually requiring human input, or a narrow AI solution focusing on algorithms that are designed to solve a particular problem, our highly experienced team is equipped to help you navigate the commercial and regulatory legal issues.
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We explore the key issues from the case and consider the practical implications for those operating in the tech, creative and data-driven sectors.
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We explore the potential of AI Growth Zones to transform the region through investment and job creation while also highlighting ongoing environmental concerns.
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We break down the key takeaways from the final ruling and consider what they mean for the evolving relationship between IP law and AI development.
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