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.

EU Included in the “Special 301 Report” Watch List for the First Time Since 2006

On April 30, the U.S. Trade Representative’s Office (USTR) released the annual “Special 301 Report”. It assesses IP protection in various countries and lists those with unclear IP protection or ignoring IP rules. In 2026, Vietnam was listed as a “Priority Foreign Country” again after 13 years due to long – standing IP issues. The EU was included in the watch list as a whole for the first time since 2006.

The EU’s strategic use of geographical indications restricts U.S. food and agricultural product producers’ market access. Some regions made positive progress, like South Korea and Argentina. Persistent global IP problems involve counterfeit products from countries like India, South Korea, and Turkey, and 13 transit hub countries are listed. Counterfeit drugs and digital piracy are major concerns. The EU’s geographical indication system, “General Pharmaceutical Law” and “Digital Services Act” raise concerns. The USTR will decide by end – May whether to investigate Vietnam as a PFC.

Switzerland’s Patent Law Modernization Reform

Switzerland has implemented a comprehensive modernization reform of its Patent Law, set to take effect in 2027. The main revisions involve mandatory prior – art searches, optional full – scale substantive examinations, acceptance of English technical documents, and a new appeal system. In 2024, partial amendments were passed, and after public consultation, the comprehensively revised Patent Regulations draft was approved in 2026. The full – scale substantive examination is a major change, with all future patent applications going through prior – art searches. Applicants can choose partial or full – scale examinations. The Swiss Federal Intellectual Property Office will issue mandatory search reports. English technical documents are allowed, but it increases costs. Pending applications without paid examination fees when the new law takes effect will use the new regulations, while late – stage applications with paid fees before January 1, 2027, will follow current rules. The reform doesn’t introduce a utility model system and will be implemented in early 2027.

Japan Patent Office Releases “2026 JPO Status Report”

On March 23, the Japan Patent Office (JPO) released the “2026 JPO Status Report” in both English and Japanese, offering comprehensive data and policy updates on Japan’s intellectual property. In 2025, new patent applications rose 17% (mostly due to a December surge), with 80.3% submitted by Japanese entities. The grant rate was 61.7%. The average waiting times for the first examination action in different review types varied. New trademark applications increased by 6% and total registrations by 2%. The number of patent invalidation requests stayed the same, while trademark ones decreased by 10.5%. Patent opposition cases decreased by 9.4% and trademark ones increased by 5.8%. The report reflects the government’s goal of promoting domestic IP use, with no major trend changes from 2025 and low success rates in invalidation and opposition procedures.

2026 Canadian Intellectual Property Office’s Guide and Examples on Patentable Subject Matter

In March 2026, the Canadian Intellectual Property Office (CIPO) issued a revised guide on patentable subject – matter related to computer – implemented inventions, medical diagnostic methods, and medical uses, based on recent court decisions. The new guide replaces relevant parts in MOPOP and PN2020 – 04, outlining the “purposive construction” principle and factors for determining invention nature. CIPO may regard some claim elements as common knowledge. A subject is patentable if abstract ideas etc. are part of a practical application. For computer – implemented inventions, additional physical elements can meet the physicality requirement, and the “Schlumberger question” helps distinguish inventions. For medical diagnostic methods, the guide is mostly unchanged from PN2020 – 04, and a method may be patentable if it meets the physicality requirement. The patentability of medical uses is controversial, awaiting the Supreme Court’s decision in the Pharmascience Inc v. Janssen Inc case. Applicants should disclose invention essence, include physical elements, and emphasize improvements. The impact of previous frameworks and the Supreme Court’s decision on CIPO’s guide is yet to be seen.

Australian IP Report 2026 reveals businesses with IP see stronger productivity and income growth

On May 6, 2026, IP Australia released the Australian IP Report 2026, presenting the latest statistics and research findings on Australia’s IP usage. In 2025, there was strong growth in various IP activities, with trademark and design applications reaching record highs and standard patent applications remaining stable. The international application pattern is changing, with a decrease in cross – border patent applications (especially from the US) and a record high in overseas trademark applications, where China has become the largest overseas source of trademark applications in Australia.

The report also indicates that patent policies of medium – sized economies can influence the global technology competition landscape. For Australian startups, patents can bring higher wages and labor – structure upgrades. Enterprises with trademarks or patents outperform those without in terms of income, labor productivity, and total – factor productivity. In design – intensive industries, registered or certified design rights are associated with higher productivity, R & D spending, and export levels.

Cumulative Claim of 1 Billion Yuan for Two Photovoltaic Silver Paste Patents Declared Completely Invalid on the Same Day: Guangda Electronics Successfully Challenges and Breaks the Deadlock First

On June 2, 2026, the China National Intellectual Property Administration declared two invention patents (ZL201180032359.1 and ZL201180032701.8) completely invalid. The requester was Zhejiang Guangda Electronic Technology Co., Ltd., and the patentee was Sun Pasture Co., Ltd. These two patents were the basis for DKEM and its subsidiary to initiate multiple infringement lawsuits with a cumulative claim of 1 billion yuan in the past five years.

The patents were originally applied for by DuPont in 2011, then acquired by Jiangsu Sote in 2021, and DKEM acquired 60% of Zhejiang Sote’s equity in 2025. Since 2021, DKEM and its subsidiary have initiated at least five infringement lawsuits. Guangda Electronics fought back, filing requests for invalidation and a lawsuit against DKEM for malicious litigation. The core reason for invalidation is the overly broad claim scope of glass frit content. DKEM, facing financial pressure, may use litigation as a strategy. DKEM doesn’t agree with the decision and plans to file an administrative lawsuit.

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