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Smaller firms to gain as UK judges overturn 'Aerotel approach' to software patents

By Douglas Clarke-Williams ( February 12, 2026, 16:15 GMT | Comment) -- A judgment in Emotional Perception AI by the UK Supreme Court this week has overturned two decades of domestic case law and brought the UK more — if not completely — in line with the European Patent Office when it comes to assessing the patentability of software programs. The decision is likely to be welcomed by UK small and medium-sized enterprises.On Wednesday, the UK's highest court rejected the established “Aerotel approach” to assessing whether a software program is patentable in favor of something closer to the “any hardware” analysis preferred by the European Patent Office, or EPO....

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