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.

EPO Issues Latest Notice on the Programme for Accelerated Prosecution of European Patent Applications (PACE)

On February 1, 2026, the European Patent Office (EPO) adjusted the PACE scope to the examination phase. This change, announced in December 2025 and effective on February 1, 2026, aims to focus expertise on the most impactful phase. The EPO met its six – month search report commitment in 2024, with an average of about five and a half months, prompting the adjustment. Key points of the notice cover filing requirements (online via Form 1005), accelerated examination requests (one per application in the examination phase, with quick notice issuance and no fee), non – disclosure, termination and suspension conditions, practical limitations, and an effective date for requests filed on or after February 1, 2026.

South Africa Formally Adopts the 13th Edition of the Nice Classification, Effective January 1, 2026

South Africa has officially adopted the 13th Edition (2026 version) of the Nice Classification, effective January 1, 2026. This new version applies to all trademark applications filed from that date. Applicants are advised to carefully check the updated classification for international trademark applications.

The Nice Classification, as explained by WIPO, is an international classification for trademark registration. A new version is released every three years and updated annually. The 2026 version adjusts the classification of goods and services, re – classifying some products and services, and aligning trademark classification with functions and uses rather than forms or traditional industry associations. The article also lists changes in categories like Class 1, Class 3, Class 5.

South Korea’s Supreme Court Supports Taxation on Overseas-Registered Patents Used in the Country

The South Korean Supreme Court ruled that income from patents used in South Korea is taxable there, even if unregistered locally. In a lawsuit by US firm Optodot, the court overturned a lower – court decision. Optodot had contested about 500 million won in taxes on its patent license income from Samsung SDI. Most of the 2017 license agreements involved overseas – registered patents. Optodot argued the income was US – sourced under the tax treaty, and the lower court agreed. But the Supreme Court said overseas – registered patents used in South Korea’s production are domestic – sourced income. The case will go back to the Suwon High Court for retrial. This ruling follows a similar one in 2025, showing that the use of technology in South Korea matters for taxation despite patent registration location.

Novo Nordisk Sues Hims & Hers for Counterfeiting Semaglutide Weight – Loss Products

On February 9 local time, Danish pharma giant Novo Nordisk sued US firm Hims & Hers in a US court, accusing it of infringing semaglutide – related patents. Hims allegedly sells unapproved “compounded products” of semaglutide weight – loss drugs. Novo Nordisk seeks a sales injunction and damages.

Semaglutide is key in Novo Nordisk’s major drugs. In 2025, it generated $36.1 billion in revenue. Previously, due to shortages, Hims legally sold compounded semaglutide. But in December 2025, with increased capacity and a new oral drug launch, conflicts arose. In February 2026, Hims’ cheaper oral drug shocked the market.

The FDA ended the shortage in February 2026 and will restrict GLP – 1 use in unapproved drugs. Though Hims stopped selling the product, Novo Nordisk sued, citing quality issues in Hims’ compounded drugs. This lawsuit reflects a growing conflict in the industry and has implications for the future GLP – 1 market competition.

World Intellectual Property Report: Innovation Diffusion Reaches New High, but Gaps Remain

The 2026 World Intellectual Property Report (WIPR) – “The Flow of Technology” shows new technologies are spreading across borders at an unprecedented pace, and the gap in innovation use intensity among countries is narrowing. The report, based on long – term data, identifies transformations in global innovation and economic opportunities. It emphasizes policymakers’ role in promoting inventions and technology diffusion. Faster diffusion and reduced gaps can boost economic growth, but require targeted investments. Key findings are real – time innovation diffusion, technology use convergence, and accelerated knowledge flow. Innovation leadership is concentrated in the US, Western Europe, and Japan, with China becoming more prominent. Four factors affect diffusion: technology characteristics, information flow, absorption capacity, and public policy/intellectual property systems. Case studies on different technologies are presented. The World Intellectual Property Organization serves global innovators and provides relevant services and data for policymakers.

Patent knowledge

On February 17 – 18, 2026, the B+ Working Group on Substantive Patent Law Harmonisation held an international stakeholder meeting hosted by the EPO in Munich. Over 70 representatives from around the world attended the hybrid meeting to discuss key aspects of patent law harmonisation. EPO President António Campinos emphasized the value of stakeholder collaboration and the strategic need for harmonisation in the global innovation context, and called on users to be flexible. Participants were informed about the EPO’s Observatory on Patents and Technology, and key technical discussions covered contentious points such as the grace period, prior user rights conditions and scope, and conflicting applications. At the end, the Chair outlined the next – steps for 2026 – 2027, supported by users. Stakeholders reaffirmed their commitment to harmonisation. User input will be included in the B+ Working Group’s report on prior user rights for the July Group B+ Plenary in Geneva during the WIPO General Assemblies.

Applying for a patent

On February 19, 2026, the European Patent Office (EPO) and the International Energy Agency (IEA) renewed their cooperation framework by signing a new Memorandum of Understanding (MoU) in Paris during the IEA Energy Innovation Forum. The renewed MoU aims to strengthen the evidence base for energy and innovation policy. By integrating the EPO’s global patent intelligence with the IEA’s energy data, the partnership offers insights into emerging technologies and challenges in the global energy transition.

This is a continuation of their long – standing partnership. The collaboration uses patent intelligence to generate reports and tools, and has led to joint studies on key technologies. The next joint publication is a report on battery technology circularity, due in April 2026. At the forum, EPO Vice – President Steve Rowan highlighted the patent system as a powerful intelligence source and the role of energy in driving innovation, as well as the importance of quality patents in implementing breakthrough technologies.

About Us

MeritsIP: Your Global Intellectual Property Partner

At MeritsIP, we provide comprehensive IP services in biomedicine, medical devices, manufacturing, semiconductors, and AI. We support 200+ top clients globally with strategic, high-quality IP services.

Stay Connected

• • Website: https://www.meritsipglobal.com

• • LinkedIn: Follow us on LinkedIn

• • Email: info@meritsip.com

© 2025 MeritsIP. All Rights Reserved.