You work with a number of large corporations in your practice. How do you maintain successful client relationships when the stakes are so high?

The very close working relationships I have with my clients are built on regular and open communication. I make sure that my clients are always kept in the loop and have a clear understanding of the legal position and opportunities, as well as any challenges and risks they might face. This means that I can maintain strong and successful relationships with my clients, even when the stakes are so high. 

What are the key characteristics of a world-class global patent portfolio?

There are no one-size-fits-all characteristics of a successful global patent portfolio. Some companies look to monetise their portfolio, while others build up a global portfolio for defensive purposes. The key is to ensure that the portfolio suits the commercial needs of the company. It is also important to continually audit the portfolio to ensure that it remains tuned to the company’s current commercial goals.               

The UK Court of Appeal recently revisited Emotional Perception – the first UK patent court case to focus on AI technology. As an author on patentability of AI inventions in the United Kingdom, how do you anticipate the outcome of this case might impact patent strategy? 

The UK Court of Appeal has overturned the High Court decision in Emotional Perception. This means that the previously very lenient approach adopted by the UKIPO in assessing patent claims that include an artificial neural network has come to an end. 

However, it is certainly still possible to patent AI technology in the United Kingdom, even following this decision. The UKIPO will now likely return to treating inventions involving neural networks in the same way as any other computer-implemented invention (as they did before the original High Court decision), in a manner that is generally similar to the USPTO’s approach to assessing AI inventions.

In fact, the Court of Appeal decision might well provide further flexibility to argue for the patentability of certain AI technologies. The judgment sets out that a neural network is considered to be a computer, so it should be possible to allow new neural network architectures to be patented, as these are effectively ‘better computers’ and existing UK case law is clear that ‘better computers’ can be patented. However, we will need to wait and see how the UKIPO applies the decision in practice. 

You often provide strategic and commercial advice to start-ups. How are you helping them to navigate the current economic climate?

During times of economic volatility, it is more important than ever for start-ups to ensure that they have a robust IP strategy in place to minimise risks and maximise opportunities. Companies might be at increased risk of common IP pitfalls, such as an unintended disclosure of an invention or infringement of third-party rights during volatile times. Equally, companies must maintain flexibility in their IP strategies so that they can take advantage of unexpected opportunities arising from the unpredictability, such as changes in their market competition and the evolving needs of their business.

Companies should also ensure that investment in IP rights is delivering value and is prioritised appropriately, particularly if budgets are restricted.

What are some of your top tips for building trust and understanding with clients? 

My top tips include: 

• really listening to your clients to make sure that you have a clear understanding of their objectives and requirements; 
• being pragmatic – clients mostly require practical commercial solutions, not legalistic opinions; and
• having a deep understanding of their technology and business so that you can provide clear and succinct advice.