Editor’s Note: Intellectual Property Highlights and Strategies for Innovation

Welcome to the MeritsIP Newsletter. We delve into critical updates in the intellectual property landscape, providing insights and strategies to help you navigate the ever-evolving world of patents, trademarks, and copyrights. Read on to stay informed and ahead in the game of innovation.

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China National Intellectual Property Administration Signs MOU with Spanish Ministry in Geographical Indications

On April 14, with Chinese Premier Li Qiang and Spanish Prime Minister Pedro Sánchez witnessing, the “Memorandum of Understanding between the China National Intellectual Property Administration (CNIPA) and the Ministry of Agriculture, Fisheries and Food of the Kingdom of Spain” was signed in Beijing. CNIPA Director Shen Changyu and Spanish Minister of Foreign Affairs, European Union and Cooperation José Manuel Álvarez Bueno signed on behalf of the two countries’ competent authorities. The two sides will cooperate in geographical indication legal policy exchange, product promotion, and event organization to boost bilateral economic and trade exchanges.

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USPTO Releases New Procedure for Ex parte Reexamination Requests

On April 1, 2026, the USPTO introduced a new procedure. It enables patent holders to submit materials for the USPTO to judge if the technical content in the ex parte reexamination request forms a “substantial new question of patentability” under 35 U.S.C. § 303(a).

35 U.S.C. § 303(a) mandates the USPTO to decide within three months after a reexamination request whether it raises such a question. The MPEP sets two conditions for a patent or published document to pose a substantial new question. The Federal Circuit has noted the reexamination system aims to correct wrong administrative decisions.

Previously, the USPTO made the decision without hearing the patentee. The new procedure allows patentees to submit written opinions without application or fees. The “Patentee’s Pre – Order Statement for Substantial New Question (SNQ) Determination” helps the USPTO understand the technical content.

When deciding on reexamination, the USPTO will review the request, the patentee’s statement, and the third – party response. Reexamination won’t be initiated if no claim raises a substantial new question; if at least one does, it will be limited to that claim and any new or amended ones.

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South Korea Government Increases Support for Overseas IP Protection and Dispute Resolution

The Korea Intellectual Property Office (KIPO) will strengthen support for overseas IP protection this year. The budget for IP legal support will rise by 36% from 60.3 billion won to 82.3 billion won to assist export – oriented enterprises in handling overseas disputes and reducing rights – safeguarding costs. Most Korean small and medium – sized export enterprises give up litigation in overseas IP disputes due to high costs. KIPO will set up an AI – based pre – detection system, increase on – site overseas investigations to 10 countries, and expand online monitoring of counterfeit goods. The support scope is broadened. The Ministry of Agriculture, Food and Rural Affairs and local governments will participate in building a support system, and cooperate with the Ministry of Foreign Affairs. The number of export enterprises receiving IP training will increase, and a new on – site support project will be launched. KIPO Director – General said overseas IP disputes are crucial for South Korea’s export competitiveness.

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US Patent and Trademark Office Issues Final Rule: Foreign Applicants and Patent Holders Must Appoint US Registered Patent Practitioners

The US Patent and Trademark Office (USPTO) issued a final rule on March 20, 2026. It requires all foreign – domiciled patent applicants, inventors, and patent holders to be represented by a US registered patent attorney or agent when submitting file materials. US – domiciled parties can handle matters directly. Starting from July 20, 2026, if any foreign – domiciled party is involved in a patent application, the whole application must be represented by a US registered practitioner. The rule aims to curb fraud, improve accuracy, and align with mainstream national patent offices. It has features like mandatory representation, date – requirement distinction, enforcement mechanism, and better resource allocation. It also promotes global coordination. Compared with the 2019 trademark rule, the 2026 patent rule has a broader scope of “foreign entities” and more specific representative requirements. Foreign applicants and holders should hire US registered practitioners in advance to comply.

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UKIPO Launches New Digital Patent Services

The UK Intellectual Property Office (UKIPO) has launched a new platform for one – stop application, management, and renewal of UK patents, part of the “One IPO” digital transformation plan. All core patent services are now available, with trademark and design services to follow. In 2025, “Patent Search” and “Patent Gazette Search” were launched, and recently two new services were added. Professionals for patent renewal can create a GOV.UK account without institution association. The old – version services will be phased out. Multiple application submission ways are available during the transition, but from April 1, 2026, UK patent applications can’t be submitted via the EPO’s eOLF service. UKIPO offers guidance and updates cost information. The second phase, launching new digital trademark services, will start after the patent services’ launch.

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European Patent Office’s Standing Advisory Committee Rules Working Group Deliberates on Digitalization, Legal Changes, and Accessibility Measures

On March 12, 2026, the European Patent Office (EPO) held the first semi – annual meeting of the Rules Working Group (WP/R) under the Standing Advisory Committee. Thirteen user group representatives from member states met with the EPO to discuss digitalization, legal revisions, and accessibility improvements. The EPO reported on digital transformation progress, including a draft for a paperless patent approval process by April 1, 2027. Members talked about legal revisions, new submission formats, and real – time captioning in opposition oral hearings. They also exchanged views on programs and digital tools. The meeting ended with announcements of Unified Patent Court decisions confirming EPO practices. The SACEPO Rules Working Group meets twice a year for dialogue on legal framework revisions, and the EPO collects feedback to optimize services.

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Wang Yuxin, Wang Jun | AI Patent “Brotherhood”: Deep Risks under the World’s First AI Alliance Agreement Licensing Mechanism

This article explores the risks of SAIL, the world’s first AI basic model patent collective licensing organization. Founded on April 8, 2026, in Mountain View, California, it had 9 members by April 12, 2026. The founding members’ strategic logics include defense, patent monetization, and vertical – field layout.

SAIL is like a “brotherhood” with a closed – loop cross – licensing network and an asymmetric operation model. It has a fixed membership fee internally and a mechanism for licensing to non – members.

It builds a private – governance system in AI, distorting the patent system and serving as a geopolitical tool to exclude non – members. Chinese enterprises may face access blockades, geopolitical risks from export – control clauses, high exit costs, and “pack – hunting” lawsuits. SAIL’s patent definition may also impede China’s AI industry.

In summary, SAIL represents a new “institutional encirclement” in global AI competition. Chinese enterprises should accumulate independent IP and strengthen compliance management.

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Nokia Withdraws Video Patent Lawsuits Against Warner Bros. and Paramount, Agrees to Global License Rate Set by UK Court

In early April, Nokia withdrew its video codec patent infringement lawsuits against Warner Bros. and Paramount at the Unified Patent Court and in Munich. In late February, it agreed in a UK High Court hearing to let the UK court determine its temporary and final global license terms, becoming the second patent – holder after Huawei to do so.

In 2022, Nokia started licensing negotiations with streaming companies over its H.264/AVC and H.265/HEVC video codec patents, reaching agreements with some. But talks with Warner Bros. and Paramount failed due to a disagreement on whether Nokia’s patents were bound by the ITU’s RAND commitment.

After negotiation breakdown, Nokia sued in multiple jurisdictions. The two companies counter – sued in the UK High Court and got a global temporary anti – injunction order. In January 2026, Nokia’s proposal for arbitration was rejected by the judge, who said the UK court could price its patent portfolio. Nokia then agreed to UK court – set terms and withdrew non – UK lawsuits. This case shows the increasing video codec patent licensing disputes in the streaming industry.

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