Intellectual Property Newsletter by MeritsIP， February 14, 2025
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.
Patent Pre-Examination: A Crucial Step in Accelerating Innovation Protection
What is Patent Pre-Examination?
Content of Patent Pre-Examination
- Technical field review: Verifies if classification numbers fall within the center’s scope.
- Formal defect review: Checks for document completeness and formatting.
- Obvious substantive defect review: Reviews novelty, inventiveness, and utility.
- Inventiveness assessment: Prior art search to assess innovation level.
Pre-Examination Process
- Qualification record filing
- Submission of cases
- Review by the protection center
- Formal submission to CNIPA
Why Conduct Patent Pre-Examination?
- Improves patent quality
- Shortens authorization time
- Increases grant probability
- Saves resources
Advantages of Pre-Examination
- High quality
- High efficiency
- Faster legal protection
DeepSeek: The Right Way to Harness AI Tools for IP Practitioners
Core Functions of DeepSeek
- Patent document generation using NLP
- Intelligent search and analysis
- Patent strategy optimization
Why IP Professionals Need DeepSeek
- Boosts efficiency
- Improves quality
- Lowers costs
- Enhances competitiveness
Tips for Using DeepSeek Effectively
- Pair with professional judgment
- Protect data security
- Ensure legal compliance
- Stay updated
Model Contracts Issued for Patent and Trademark Agency Services
The CNIPA has issued model contracts to improve regulation and protect both agencies and clients. These contracts address key areas including confidentiality, fees, and abnormal filings.
Highlights
- Terms of engagement
- Confidentiality clauses
- Termination rights for suspicious patent behavior
Role of the Contracts
- Ensure regulatory compliance
- Protect both parties
- Maintain industry order
- Discourage malicious applications
Yemen Lifts Trademark Application Restrictions
Yemen now allows unlimited goods/services per trademark application, aligning with the 12th edition of the Nice Classification.
Fee Note: A 5% surcharge applies for each item over 10, based on $12/item publication fee.
Tesla and Elon Musk Face Copyright Infringement Lawsuit
Alcon Entertainment, producer of Blade Runner 2049, is suing Tesla and Elon Musk for alleged AI-generated copyright infringement. Alcon seeks damages and an injunction. The case is filed in California with potential penalties of $150,000 per infringement.
2025 China Copyright Gold Award Launched
China’s top copyright award, co-hosted with WIPO, will feature 4 categories:
- Work Award (6)
- Promotion and Utilization Award (5)
- Protection Award (5)
- Management Award (4)
Nominations due by March 28, 2025.
Wahaha Trademark Transfer – Internal Discussions Confirmed
Wahaha’s trademark transfer application was filed on Jan 21, 2025. The transferee is not disclosed. The trademark, registered in Class 10, is valid until August 2033.
Trademark Battle: Sinocare Wins Against Abbott
UK’s High Court ruled Abbott’s FreeStyle Libre 3D mark invalid for lack of distinctiveness and functional necessity. Sinocare’s iCan i3 product is unaffected in China but may face slight overseas delays.
“Riyadh Design Law Treaty” Signed
Adopted in November 2024 under WIPO leadership, the treaty simplifies global design protection:
- Standardized application format
- Allows multiple designs per filing
- 12-month grace period
- Electronic filing system encouraged
Benefits:
- Cost reduction
- Faster protection
- Boosts international design cooperation
Thailand Invention Patent: Fast Track Guide
I. Advantages
- Fast-track: first office action within 6 months
- No extra fee
- 20-year validity
II. Process
- Prepare documents
- Submit via DIP e-filing
- Request examination within 5 years
III. Fast-Track Requirements
- Application filed for at least 3 months
- No more than 10 claims
- Explanation for fast-track necessity
IV. FAQs
Q: Is a Thai patent valid worldwide?
A: No. Apply via PCT or national routes abroad.
Q: Can I patent already disclosed inventions?
A: Not usually, unless the disclosure was unauthorized or via a recognized exhibition.
Turkmenistan Joins Eurasian Design Patent System
As of Jan 4, 2025, Turkmenistan became a member of the Eurasian Patent Convention. A single EAPO application can now cover 8 countries, including Turkmenistan.
Applications must be in Russian, and can include up to 100 designs of the same class. Validity is 5 years, renewable up to 25 years.
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