Intellectual Property Newsletter by MeritsIP, January 04, 2026

Intellectual Property Newsletter by MeritsIP, January 04, 2026

January 4, 2026 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.

National Intellectual Property Administration’s Party Leadership Meets to Review 2025 Progress and Plan for 2026

On December 30, 2025, the Party Leadership Group of the China National Intellectual Property Administration (CNIPA) met to review 2025 key tasks and plan for 2026, presided over by Shen Changyu. In 2025, CNIPA achieved notable results, completing first – stage goals of the Outline for Building an Intellectual Property – Strong Country and 14th Five – Year Plan tasks, and starting the 15th Five – Year Plan. It advanced legislation, improved examination, enhanced international cooperation, and promoted patent application. China’s Global Innovation Index ranking rose to 10th, and it led in global innovation clusters. For 2026, the meeting emphasized strengthening political leadership, focusing on high – quality development, establishing a correct view of achievements, balancing domestic and international affairs, and enforcing strict Party governance. Party Leadership Group members, relevant officials from the Patent Office and the Discipline Inspection and Supervision Group attended, and key task departments reported on work.

National Intellectual Property Administration Holds Constitution Oath Ceremony

On December 24, the China National Intellectual Property Administration (CNIPA) held a Constitution oath ceremony for its national staff. Shen Changyu supervised the oath – taking, and Hu Wenhui presided over the ceremony. 145 newly – appointed leading cadres swore an oath to the Constitution.

After the oath, Shen Changyu delivered a speech. He stressed adhering to the Party’s leadership in the intellectual property cause, aligning with the Party Central Committee. He urged staff to turn vows into driving forces, perform duties legally, enhance rule – of – law ability, and promote the rule of law in the intellectual property field. They should maintain integrity, establish a correct view of political achievements, and contribute to building an intellectual property – strong country and Chinese – style modernization.

Shanghai and Yunnan Sign Cooperation Agreement for Data Intellectual Property Registration Service Station in Yunnan

Recently, the Shanghai and Yunnan Intellectual Property Administrations signed a cooperation framework agreement for the Data Intellectual Property Registration Service Station in Yunnan, promoting Yunnan’s digital economy. The “direct management by Yunnan, overall support by Shanghai” co – construction model is adopted. Yunnan is responsible for establishment, operation, etc., while Shanghai provides business support, technical assistance and personnel training. The service mechanism will offer comprehensive data product intellectual property registration services to Yunnan’s market entities. This cooperation is an exploration of east – west cooperation and a measure to meet government requirements, supporting innovative enterprises. The two sides will strengthen communication, expand cooperation and enhance the role of intellectual property public services.

Fujian’s Agricultural “Double Five-star” Patent Transfer Sets New Provincial Record

On December 24, 2025, the signing ceremony for the transfer of the “Double Five-star” patent “Rice brown planthopper resistance gene BPH33.2 and its molecular markers and applications” took place in Fujian. It was transferred to an enterprise for 20 million yuan, a new record for single – patent contract amounts in Fujian’s agriculture. Around 150 people, such as leaders from relevant departments, enterprise and university representatives, attended.

Developed by the National Key Laboratory at Fujian Agriculture and Forestry University, the patent cloned the insect – resistant gene BPH33.2 with complete dominance, broad – spectrum resistance and no yield impact. The molecular marker technology allows precise breeding, reduces pesticides and ensures food security. It’s a landmark achievement with wide application potential.

This transfer shows the transformation of “knowledge” into “assets”. Fujian has promoted the IP operation center construction of agricultural and forestry universities and used the prioritized examination to shorten the patent authorization cycle. In the future, Fujian will keep supporting high – value patent creation and industrialization for new – quality productivity.

US, China, EU, Japan, and South Korea Extend PPH Pilot Project

According to the joint decision of the China National Intellectual Property Administration (CNIPA), the European Patent Office, the Japan Patent Office, the Korean Intellectual Property Office, and the US Patent and Trademark Office, the Patent Prosecution Highway (PPH) pilot project among the five parties will be extended for another three years from January 6, 2026, to January 5, 2029. The requirements and procedures for applicants to submit PPH requests under the pilot project remain unchanged. PPH is a fast – track patent review channel between different countries or regions, which accelerates the patent review process through work sharing among patent review agencies. Since the launch of the first PPH pilot in November 2011, the number of patent review agencies from countries or regions that have established PPH cooperation with the CNIPA has reached 35, covering 86 countries.

Applying for a patent

As of January 1, 2026, the European Patent Office (EPO) has switched to a standard online filing environment. Online Filing 2.0 has replaced the old eOLF tool for patent applications and related requests, in line with the Strategic Plan 2028 and the goal of full digitalization of the patent – granting process by 2027. The desktop – based eOLF software is no longer available.

Online Filing 2.0, used by most applicants in recent years, offers a secure browser – based environment without the need for installation or updates. Other procedural requests can be submitted via OLF 2.0 or MyEPO if possible.

Full details about OLF 2.0 are available on the EPO’s website and YouTube channel. The EPO Contingency Upload Service can be used when OLF 2.0 is unavailable, but regular online tools are recommended for validations and faster processing. Those with eOLF questions regarding national patent offices should contact the respective national office directly. Additional relevant documents and information sources are provided in the news.

USPTO Reminds Examiners and Applicants to Consider and Use Eligibility Statements Prudently

On December 4, 2025, the United States Patent and Trademark Office (USPTO) issued a memorandum on using Statements of Manner and Effect of Doing (SMED) for patent subject – matter eligibility, especially for “applied technologies” in AI and medical diagnosis. The immediate – effective memo doesn’t change existing procedures.

USPTO Director John Squires has long aimed to prevent emerging technologies from being restricted by US patent eligibility law interpretations. He previously issued related “reminder memorandums” and participated in relevant rulings.

The memorandum for examiners requires them to review SMEDs, restates rules, and gives four examples for applicants to overturn initial invalidity judgments. The second for applicants and practitioners reviews best practices and pitfalls, suggesting submitting SMEDs as independent documents. The USPTO’s guide aims to enhance review transparency and consistency.

USPTO Forms SEP Working Group to Strengthen Leadership in Standards and Protect Patent Rights

On December 29, 2025, the United States Patent and Trademark Office (USPTO) announced the establishment of a Standard Essential Patents (SEP) Working Group reporting directly to Director John A. Squires. This aims to address patent rights protection challenges and regain global leadership in technology standard – setting. Patents in standards are undervalued, and SEP patent holders face issues like undervalued IP and suppressed licensing fees. The group, co – led by Nicholas Matich and Austin Mayron, will use a cross – departmental model to ensure fair treatment and strong legal enforcement for patent owners. Since 2025, the USPTO and the DOJ’s antitrust division have promoted the restoration of the patent relief system. The group has three objectives: restore strong remedies for patent holders, promote diverse participation in standard – setting, and build a transparent innovation ecosystem. It will collect stakeholders’ opinions for a balanced policy framework.

Global’s First Court-led Judicial Settlement of Standard Essential Patents: Pantech and Google Reconcile in Tokyo, Ending Pixel Ban Dispute

On December 18, South Korea’s Pantech and Google settled their global standard essential patent (SEP) litigation at the Tokyo District Court, the world’s first court – led judicial resolution of a global SEP dispute. Presided by Judge Motoyuki Nakashima, Google got a global license for Pantech’s SEP portfolio, and Pantech will withdraw 15 related injunction applications and appeals.

The court created a “Court Supervised Settlement” model. Judge Nakashima acted as an “external mediator”, suggesting a reasonable rate under the FRAND principle, eliminating the market – access risk for Google’s Pixel series.

Previously, Japanese courts had a high SEP injunction threshold. In the “Pantech v. Google” case, the court issued the first SEP injunction in June, deeming Google a “non – willing licensee”. Pantech applied for a temporary injunction against the Pixel 9 in July, after which the court mediated and reached the settlement.

This settlement showcases the court’s efficiency and professionalism, potentially enhancing Japan’s appeal as an international patent litigation jurisdiction. However, Toshifumi Futamata noted that Japan’s judicial practice lags behind global standards as it used the “Top – down” method from the 2014 “Apple v. Samsung” case.

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