26/05/2026
On 19 May 2026, the Chartered Institute of Patent Attorneys (UK) held its 2026 Computer Technology Seminar discussing topics like the UK IPO’s Consultation on SEPs, the change in law concerning software patentability following the decision of the Supreme Court in the Emotional Perception decision, Post Quantum Cryptography, and Open-Source Software considerations.
Some highlights are discussed in more detail below.
UK IPO Standard Essential Patent Review
In 2025, the UK IPO conducted a consultation on the performance of the standard essential patent (SEP) licensing system. The consultation took place between 15 July 2025 and 7 October 2025; the government is currently in the process of reviewing the results and considering whether changes to legislation are needed.
In the meantime, the UK IPO continue to support non-legislative initiatives such as the development of a SEP resource hub, collaboration with patent offices around the world, to share resources and increase understanding of SEP related issues, as well as market monitoring and evidence gathering.
The SEP Resource Hub was developed to help UK businesses understand the SEPs ecosystem and utilise the guidance and signposting to navigate the ecosystem confidently. Of particular interest to IP practitioners is perhaps the case law library, containing cases from the UK Supreme Court, Court of Appeal and High Court which deal with SEPs. For the past decade, the UK courts have been instrumental in shaping how industry around the world approaches the Fair Reasonable and Non-Discriminatory (FRAND) provisions considered necessary for fair and effective SEP licensing.
Emotional Perception Decision from the Supreme Court
Following the UK Supreme Court decision in the Emotional Perception decision (discussed here), the UK IPO is now required to follow the European Patent Office test for software patentability set out by the leading case law of the EPO’s Technical Boards of Appeal.
However, the UK IPO still faces the challenge of fitting the new software patentability part of the EPO approach into the existing precedent set by the UK courts for considerations of inventive step (set out in decisions such as Pozzoli/Windsurfing). In addition, the UK IPO will need to educate its examiners on how to follow the new approach. The office is therefore still in a period of transition.
The UK IPO is reviewing material provided by the European Patent Office to make sure that it brings its practice into line with that followed by EPO Examiners. However, there is not yet any finalised patent examination procedure for UK examiners, who must therefore work on new applications filed in this technology area with a little uncertainty.
Patent practitioners in the UK (the Chartered Institute of Patent Attorneys) and the UK based IP Federation have been invited to submit views to the patent office as part of a dialogue with the examination team while the new EPO-consistent approach is developed. Additionally, individual attorneys have been advised to set out arguments for patentability as if they were following the EPO approach, as this will allow the UK Examiners to quickly get to grips with the implications of the new test.
Post Quantum Cryptography
We also heard from a speaker from Amazon Webservices, discussing Post Quantum Cryptography. Although asymmetric encoding methods, such as RSA and elliptic curve Diffie Hellman encoding, are at risk from being broken by Quantum Computers in the next 10 to 20 years, a number of encoding methods have been developed that are resistant. In this context, the US based National Institute of Standards lists Modular Lattice Based Key Encryption techniques as a leading standard resistant to Quantum Computing.
The challenge now is for researchers and engineers in the field of cryptography is to test the algorithms more thoroughly and roll them out through the computer network. This migration to quantum computer resistant encoding techniques might be straight forward for networked computers that can be easily patched, but older computers like those used in IoT application and plant control systems might be more difficult to update.
This content is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
