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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US Patent and Trademark Office’s Latest Research on IP-Intensive Industries: IP Rights Drive Continuous Growth in GDP and Employment

The US Patent and Trademark Office (USPTO) released a report on IP – intensive industries’ economic contributions. In 2024, these industries made up 44% of US GDP (up from 41% in 2019) and directly employed 49.6 million, about one – third of the workforce (slightly up from 2019). Indirect employment related to IP remained stable at around 11% of total employment.

Workers in IP – intensive industries had a 53% higher average weekly salary ($1,897) in 2024 than non – IP counterparts, though the wage gap slightly shrank.

In 2024, the trademark – intensive industry provided the most jobs (with a slight employment decrease due to fewer industries in stats), the design patent – intensive industry had a large employment increase, and the copyright – intensive industry grew steadily. The trademark – intensive industry contributed the most to GDP. The report categorized 210 US industries, emphasizing IP in the information service industry.

Most US goods – exporting IP – intensive industries faced trade deficits, with only 4 out of the top 20 having more exports than imports. The pharmaceutical and motor vehicle industries had the largest deficits.

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Saudi Arabia Launches Digital Platform to Strengthen Border Trademark Enforcement

Saudi Arabia has launched the Tahaqaq platform, a centralized electronic system, to digitize, restructure, and accelerate trademark enforcement at its borders, replacing the previous notice – based mechanism without a formal regulatory framework.

Now in a “soft – launch” phase, it accepts trademark filings starting with “TM – “. Full implementation across all ports may take up to six months. The platform aims to modernize border enforcement, enhance cooperation between SAIP and customs, and clarify the process of customs monitoring and counterfeit interception.

Intellectual property right holders must register on the platform for effective border monitoring, done by an authorized representative with a copy of the trademark registration certificate and a notarized power of attorney. When suspected goods are intercepted, customs can let the importer pick them up conditionally. The brand owner then needs to quickly confirm counterfeits for seizure and prosecution. After identifying counterfeits, brand owners can choose between the public prosecutor path or the parallel litigation path.

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Canada’s Supreme Court Clarifies Patent Examination Principles for Medical Methods

On July 17, 2026, Canada’s Supreme Court issued a judgment in the Pharmascience Inc. v. Janssen Inc. case, guiding the patentability of medical methods. The rule of excluding medical method patents stems from common law. Canadian courts consider multiple factors in determining patentability, but no single factor can form a complete legal framework.

In this case, Pharmascience claimed Janssen’s patent dosing regimen was a non – patentable medical method. The Supreme Court affirmed that medical methods are non – patentable in Canadian law. It adopted the Federal Court of Appeal’s framework, emphasizing the key is whether the claimed object involves professional medical skills and judgment. It provided three considerations for applying the exclusion rule.

Applying these principles, the court found Janssen’s invention patentable. The judgment confirms that medical methods are excluded from patentable objects in Canada, and patentability depends on specific facts and substance.

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IFI CLAIMS Releases AI Patent Insight Report

On July 28, 2026, US patent data provider IFI CLAIMS issued an AI patent insight report. It systematically reviews AI industry technological innovation and patent trends. In 2025, there were 209,518 global AI – related patent applications, with 23% for generative AI and 9% for Agentic AI. In the US, generative AI applications were 16% of total AI ones, and Agentic AI rose to 15%.

AI inventions have grown exponentially in the past decade. Global AI patent grants and applications had CAGRs of 35% and 29% respectively. US growth has stabilized recently, while Agentic AI has grown significantly in the past two years.

The core of generative AI technology includes machine learning, with “Computational arrangements based on biological models” as a key subclass. Samsung led global AI patent applications in 2025, followed by Huawei and Google. In the US, Samsung also ranked first. Google led in generative AI globally and in the US, while NVIDIA led in Agentic AI.

In generative AI, different companies focus on different fields. Tech giants lead in patent layout, but startups like OpenAI and Anthropic are also protecting their inventions. Most top applicants focus on “Computational arrangements based on biological models”.

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Lex Machina Releases 2026 Patent Litigation Report

On August 5, 2026, Lex Machina released the 2026 Patent Litigation Report, covering US federal district courts, appeals courts, and the PTAB from 2016 – 2025. The number of district – court patent cases hit a ten – year high in 2025 and declined in 2026. In 2025, 4,547 lawsuits were filed, a 19.6% rise from 2024. By mid – 2026, about 1,900 new cases were filed, and 2026’s total may be lower. Patent damage awards exceeded $2 billion for four years. In 2025, $2.353 billion was awarded in 63 cases. From 2023 – 2025, reasonable royalty judgments totaled $8.156 billion, mostly by jury. PTAB activities slowed. IPR requests dropped 8% in 2025, while PGR requests reached 75, the highest since 2021. Only 201 PTAB requests were filed in the first half of 2026, a decade – low for a six – month period.

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USPTO Designates As Precedential an Appeals Review Panel Decision Addressing Obviousness-Type Double Patenting

On August 6, 2026, the USPTO’s Appeals Review Panel (ARP) overturned a PTAB decision, restoring the examiner’s rejection of claims for obviousness-type double patenting (OTDP). The ARP provided legal, case – law, and commercial support for OTDP. It acknowledged that the Federal Circuit views the “anti – harassment” rationale as a valid policy basis for OTDP, even without evidence of extended patent monopoly. Nevertheless, the ARP questioned if this sole rationale could harm innovation and proposed the court re – examine it. Moreover, the ARP put forward a future framework to simplify the USPTO’s OTDP handling and enhance predictability.

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European Patent Office to Fully Digitalize Patent Grant Process from April 1, 2027

The European Patent Office (EPO) will complete the transition to a fully digital Patent Grant Process (PGP) on April 1, 2027, after about 10 years of digital transformation. Digital application submissions and electronic document service will be mandatory, and targeted support will be provided to non – digital users.

Guided by the “EPO 2028 Strategic Plan”, this move simplifies workflows, deepens collaboration, and improves user experience. It also aligns with global digital reforms, promotes environmental sustainability, and boosts productivity and financial sustainability.

The EPO’s Administrative Council has approved relevant regulations. Currently, a high percentage of applications and notifications are already digital. Special user – support measures will be introduced during digitalization.

From April 1, 2027, all communications will be digital, and applications and third – party comments must be submitted electronically. User protection measures will be strengthened. The EPO – stakeholder cooperation and user feedback have driven this transformation, enhancing Europe’s innovation and competitiveness.

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New Zealand Announces Copyright Law Revisions Aimed at Aligning with Other Developed Countries

New Zealand’s government has announced revisions to the 1994 Copyright Act to align with other developed countries and meet free – trade agreement obligations. The main changes include extending copyright protection periods, expanding digital lock protection, providing legal channels for GLAM institutions, empowering courts to block pirate websites, and more. Elena Szentiványi believes the revisions strengthen rights but may affect creative vitality, while GLAM digitization can increase public participation. The Copyright (Parody and Satire) Revision Bill is under parliamentary review to introduce fair – use for parody. However, the revisions don’t cover Maori culture and traditional knowledge or GenAI copyright. The free – trade – related revisions are expected to pass by May 1, 2028, and the parody bill will be reviewed until October 1, 2026.

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Tianjin Multi – department Joint Service for Key Enterprises in Trademark Pledge Financing

Recently, to tackle SMEs’ financing difficulties in trademark pledge financing, the Tianjin Intellectual Property Office, Heping District Intellectual Property Office, several banks (Bank of China, China Construction Bank, Agricultural Bank of China) and relevant intellectual property financial service institutions provided a special trademark pledge financing docking service for key brand catering enterprises in Tianjin, aiming to help enterprises activate intangible assets and unleash brand value. The service team exchanged with enterprise teams, understood their situations and demands. Service personnel explained trademark – related knowledge, bank leaders introduced pledge financing services and customized solutions, and financial institution staff explained the value – assessment process and established communication channels. This multi – department joint service achieved one – stop service, broke information barriers, promoted the integration of intellectual property and finance, and drove regional economic development.

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