Intellectual Property Newsletter by MeritsIP, August 14, 2025

Intellectual Property Newsletter by MeritsIP, August 14, 2025

August 14, 2025 global, meritsip 0 Comments

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.

Medical Robots in Operating Rooms, Household Robots on Duty… How Will These Patents Change Your Life?

From August 8th to 12th, the 2025 World Robot Conference and Expo took place in Beijing. Focusing on tech innovation and expanding robot applications, it presented China’s robot industry leveraging patent layout and scenario innovation for “human – robot coexistence”.

In the exhibition, various patented robots caught eyes. Siasun’s humanoid robots, Rico’s wheeled humanoid and coffee – making robots, and Beijing Galaxy’s wheeled dual – arm retail robot all relied on patents. Medical robots like Changmugu’s orthopedic surgical robot also made breakthroughs with patented tech.

In the industrial field, New Song’s robots showed high precision in automotive manufacturing due to patents. The collaborative robot’s welding workstation and the Starway cleaning robot improved efficiency through patented algorithms.

China’s robot industry has strong ecological synergy, with many competitive products. Patents are key for innovation and global competition, and the industry is laying a solid foundation for the future.

Sichuan Examination Center of CNIPA: Excellence in Patent Examination

In 2024, multiple departments at the Sichuan Examination Center of the China National Intellectual Property Administration were recognized for outstanding patent – examination quality assurance. Three representative departments were interviewed. The Automatic Control Room of the Optoelectronics Department adheres to a four – dimensional development concept, ranking high in quality and efficiency. It overcame field – integration challenges with a visual work guide. The Packaging Engineering Room of the Mechanical Department promotes Party – building and business integration via learning activities. It perfects quality assurance, provides learning resources, and focuses on talent cultivation, with members excelling in retrieval competitions. The Protein Engineering Room of the Pharmaceutical Department offers “one – person – one – strategy” training for multi – field and cross – echelon examiners. It encourages academic research and external services, organizes atmosphere – improving activities, and achieved good results in 2024. These teams showcase the center’s integration of Party – building and business, innovative talent cultivation, and refined management, and the center will support innovation with high – quality examination.

How to Deal with Patent Risks in the AI Era?

In June 2023, a French firm sued OpenAI for patent infringement, the world’s first major such lawsuit. In early July, AllBright Law Offices held a webinar on mitigating AI – era patent risks.

Keith Bergelt of OIN, the world’s largest non – aggression patent community founded 20+ years ago with 4000+ members, said AI’s open – source reliance heightens patent risks. The OIN model cuts friction and litigation threats and is advising a new AI alliance on cross – licensing for AI models and tools.

Yang Miao of Kingsoft mentioned Chinese tech firms use a hybrid protection system, emphasizing ecosystem protection and evidence prep in AI IP. Evidence collection in AI patent lawsuits is tough, so they focus on trade – secret management and multi – scenario patent layout.

Professor Wang Runhua pointed out the uncertainty of AI – related patent eligibility in the US. China has an edge in non – patented AI IP protection via better NDA enforcement, and the two countries may have different AI IP ecosystems.

He Jing of AllBright Law Offices stated that the discussion on AI patent risks is just starting. The OIN model could work in AI patent technology, and Chinese companies should assess its integration into global IP strategies.

Acceptance of Deletion Modifications of Claims in Oral Proceedings of Patent Invalidation Review

This article presents a case where a Japanese company challenged a German patent company’s invention patent for invalidation. The German firm proposed claim modifications, some of which the China National Intellectual Property Administration (CNIPA) found unacceptable. The key question was whether the patentee’s oral request to delete these claims during the oral hearing should be permitted.

In 2017, the Japanese company sought to invalidate the German patent, alleging lack of novelty, inventiveness, etc. The German company submitted various claim modifications, some violating the Patent Examination Guidelines. In 2018, during the oral hearing, the German company’s oral request to delete unacceptable claims was rejected by the CNIPA, which then declared the patent invalid based on the authorized announcement text.

The court ruled that the claim modification system aims to protect patentees’ rights, and deletion modifications should generally not be restricted. Expressing the modification intention to the CNIPA can constitute a legal modification, and deletion modifications are simple enough that the lack of a replacement page usually doesn’t affect the review. Accepting oral deletion modifications doesn’t cause significant negative effects. The court ordered the CNIPA to allow the patentee to choose the review basis and accept deletion requests, revoking the original judgment and invalidation review decision and ordering a new review.

Full Text of “Guidelines on Business Secret Protection and Risk Prevention” Released!

On August 14, 2025, the Beijing People’s Procuratorate released the “Guidelines on Business Secret Protection and Risk Prevention” to strengthen business secret protection and create a better legal environment for technological innovation and industrial upgrading. The guidelines cover four aspects: clarifying the scope and ownership of confidential information, taking continuous and targeted confidentiality measures, enhancing the awareness and ability of safeguarding rights, and improving the awareness of intellectual property protection. Real – life cases, like employees misusing company information after leaving, stealing data, and violating confidentiality agreements, are presented to illustrate the importance of business secret protection and risk prevention.

Classification and Grading Evaluation Criteria for IP Service Institutions Released

Recently, the Capital Intellectual Property Service Industry Association issued a notice on the “Classification and Grading Evaluation Criteria for Intellectual Property Service Institutions in Guangzhou Development Zone”. The criteria cover indicators for IP agency services such as practicing personnel allocation, authorization rate, examination status, rejection rate, and success rate of invalidation and re – examination. To standardize the development of IP service institutions in the zone, conduct scientific evaluations, promote industry standardization, and attract high – quality institutions to form an agglomeration effect, the Guangzhou Development Zone Intellectual Property Association and the Capital Intellectual Property Service Industry Association jointly compiled this group standard, which is now officially released for the public to choose high – quality IP services.

Shanghai Vigorously Promotes Patent Empowerment for Trademark Brand Building

In recent years, Shanghai has been integrating patents and trademarks via patent empowerment to productize and brandize patented technologies and boost corporate intellectual property value. Firstly, it strengthens capacity – building, setting up 94 trademark brand guidance stations by June 2025, 9 of which were in the national “Thousand Enterprises, Hundred Cities” action in 2023. It also created 17 Shanghai Trademark Brand Innovation and Entrepreneurship Bases, achieving the “14th Five – Year Plan” goal early. Secondly, it promotes the integrated development of patents and trademarks. Relevant measures were issued in November 2024, and actions were launched in 2024 – 2025 for patent – empowered trademark brand building and time – honored brand development. Thirdly, it focuses on innovation, issuing local standards in 2022, carrying out rectification in 2023, promoting trademark financial services, and launching a public – welfare trademark brand evaluation model in 2022. Its innovation in 2023 was selected as a national typical case.

Guangxi Liuzhou Liujiang District Launches Special Rectification of Trademark Infringement in Mother and Baby Products

On August 6, the Market Supervision Bureau of Liuzhou’s Liujiang District, along with the district’s People’s Court, launched a one – month special rectification campaign against trademark infringement in mother and baby products. It focuses on items like baby bottles and pacifiers, covering mother and baby stores, supermarkets, and e – commerce platforms, especially appearance labels. 15 complained – about stores will be re – checked. The operation uses the “administrative + judicial” joint – action to investigate infringement clues accurately and efficiently. It also aims to popularize relevant laws among business operators, strengthen their IP protection awareness, and prompt strict procurement control. Next, the bureau will increase protection efforts, improve cross – departmental cooperation, and guide operators to establish brand and integrity concepts, creating a safe market environment for enterprises and consumers.

Trademark Infringement Case: 3 – million – yuan Compensation Awarded

Angelo (Guangzhou) Fashion Industry Co., Ltd. sued Shanghai Nanpeng Garment Co., Ltd., Shanghai Juying Garment Technology Co., Ltd., and Zhejiang Tmall Network Co., Ltd. for trademark infringement. The court ruled that while registered trademarks can be combined, they can’t be used arbitrarily. According to the CNIPA’s “Trademark Infringement Judgment Standards”, altering or combining registered trademarks similar to others’ on the same or similar goods/services and likely to cause confusion is trademark infringement as per the Trademark Law.

In this case, considering the trademarks’ popularity, the similarity in mark arrangement, and the defendants’ improper use of authorized trademarks, the court found the alleged infringing marks similar to the plaintiff’s. The Shanghai Songjiang District People’s Court’s first – instance judgment on August 23, 2024, ordered the two companies to stop the infringement. Shanghai Nanpeng was to compensate 3 million yuan, and Shanghai Juying was jointly and severally liable for 1 million yuan. The Shanghai Intellectual Property Court’s second – instance judgment on July 24, 2025, upheld the original decision.

Publication of Draft Patent (Amendment) Rules, 2025

On July 18, 2025, India’s DPIIT published the Draft Patent (Amendment) Rules, 2025, in the Official Gazette. The amendment, aiming to implement the Jan Vishwas Act 2023, optimizes the business environment through “decriminalization” and “trust – based governance”. It introduces features like spreadsheet – based complaints and online management of investigations and fines. Stakeholder opinions are being sought until August 17, 2025.

The 2025 amendment highlights include using electronic spreadsheets for submission and adjudication, defining powers of key institutions, conducting procedures electronically, depositing fines into the Consolidated Fund of India, and setting a 30 – day appeal period. However, it has areas for improvement, such as lacking criteria for the Adjudicating Officer’s appointment, clarity on appellate processing time, clear standards for online complaints, and fine – amount standards.

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