Intellectual Property Newsletter by MeritsIP, March 27, 2026
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.
European Patent Office Deploys AI Model to Improve Patent Examination Process
On March 11, 2026, the European Patent Office (EPO) launched an OCR model developed by Mistral AI. This move aligns with the EPO’s AI policy and “2028 Strategic Plan”, aiming to upgrade its digital infrastructure and operational resilience. The model is integrated into the EPO platform. The cooperation promotes digital transformation, enhances European innovation, and ensures European control over key AI infrastructure.
The co – developed OCR solution is for complex patent documents. It can convert non – machine – readable documents into structured data and assist examiners in prior art searches. The EPO and Mistral AI will optimize the solution and explore more AI capabilities.
The EPO believes the cooperation contributes to European digital sovereignty, ensuring compliance with European laws. It aims to build a high – quality European patent system to meet the needs of innovators, applicants, and partners.
German Patent and Trademark Office Releases Patent Analysis Report on Quantum Technology
On March 16, 2026, the German Patent and Trademark Office (DPMA) released a quantum – technology patent analysis report. In 2025, quantum – technology patent applications were seven times that of a decade ago. German applicants ranked second after the US.
The overall number of quantum – technology patent applications is low but growing. In 2025, the DPMA and EPO jointly granted 815 effective patents in Germany (120 a decade ago). Quantum computing had the most applications, followed by quantum components and communication. Asian companies led in applications.
The top five countries in patent applications were the US, Germany, South Korea, Japan, and France. In the German market, the top five applicants were Fujitsu, LG Display, Samsung Display, BOE, and Google, with no German companies. The top four are visual – information – processing firms, accounting for 20% of total applications. Many startups focusing on quantum technology have also contributed to innovation and patent applications.
US Patent and Trademark Office Expands Design Patent Protection for Computer – Generated Interfaces and Icons
The US Patent and Trademark Office (USPTO) issued supplementary examination guidelines for design patent applications of computer – generated interfaces and icons on March 12, 2026. This move expands applicants’ flexibility in seeking digital design protection, aligning with the development of digital interfaces and immersive computing technologies. The guidelines address computer – generated electronic images, remove the requirement of depicting display panels in many GUI or icon applications, clarify title and claim language, and recognize new digital design categories for patent protection. They apply to all design patent applications and will be incorporated into the MPEP, offering more flexibility in drawing and claim drafting. Yet, applicants must provide clear descriptions and sufficient illustrations. The USPTO will accept public comments for 60 days after publishing the guidelines in the Federal Register.
Huawei Sues Meta over Video Patents at the Unified Patent Court
In 2026, Huawei has been actively engaged in video – patent lawsuits. On March 10, 2026, it was reported that Huawei sued The Walt Disney Company for video – patent infringement at the Mannheim Local Division of the Unified Patent Court (UPC). Earlier, Huawei had video – patent cases against Roku and Transsion, which led these licensees to get Advance’s HEVC patent pool license.
On February 20, 2026, Huawei filed an enforcement lawsuit against Meta/Facebook (nine legal entities) at the Mannheim Local Division of the UPC over patent EP3471419 related to HEVC. The lawsuit was made public on March 10, 2026. There’s also a case on patent EP2725797 at the Munich Local Division of the UPC, and in Brazil, Huawei is asserting its Brazilian patent BR 112013034060 – 6.
Meta can seek a bilateral license or get one from the Access Advance patent pool to resolve disputes with Philips and ETRI. The UPC and the Rio de Janeiro State Court are key in this significant video – streaming patent dispute, and the Mannheim Local Division has opposed foreign courts’ excessive extraterritorial jurisdiction in a related case.
Main Changes and Impacts of Saudi Arabia’s New Copyright Law
On February 13, 2026, Saudi Arabia issued a new Copyright Law to replace the 2003 version. It modernizes the intellectual property framework, expanding protection and strengthening enforcement. The law will come into force on August 1, 2026, with implementing regulations to be issued beforehand. Key revisions include broader territorial scope, clarification of authors’ moral rights, automatic copyright for employers in works for hire, clear software licensing, an AI exception, a safe – harbor system for internet content providers, and strengthened enforcement and penalties. Businesses in Saudi Arabia should review their policies and contracts according to the new law and upcoming regulations.
FRAND’s Quantitative Framework: Key Insights for Global Technology Implementers from the Munich Avago (Broadcom Group) v. Renault Judgment
The Munich court has transformed FRAND from an “art of negotiation” to a “computable rule system”. In an automotive Ethernet SEPs case, it used the “FRAND Corridor” to quantify license fees and split the implementer’s “willingness to license” into external and internal levels. On February 5, 2026, the Munich District Court set up a predictable and quantifiable review system, re – defining SEP license negotiation “boundaries” in Germany. The “willingness” test was refined. Renault failed the internal willingness test. The court audited license offers with the “FRAND Corridor”, showing a “dynamic mid – value adjustment” mechanism. It also rejected the “regional discount” and “proportionality principle” defenses. Tier – 1 suppliers can’t rely on OEMs for defenses. Global technology implementers should calibrate counter – offers, audit the “denominator”, adopt suppliers’ defenses, and focus on negotiation efficiency. Munich’s approach may influence SEP rules in other European areas and the UPC.
UAE Enacts New Law on Plant Variety Protection
The United Arab Emirates (UAE) has enacted Federal Law No. 8 of 2025 on the Protection of New Plant Varieties, replacing Federal Law No. 17 of 2009 and aligning with UPOV standards. The law aims to strengthen breeders’ rights, encourage agricultural innovation, and enhance food and biosecurity strategies. The Ministry of Climate Change and Environment will establish a plant variety registry. The scope of legal protection is expanded to all plant genera and species, with clearer assessment criteria. The law clarifies registrar responsibilities and breeders’ rights. Varieties meeting four criteria will be protected for 20 years (25 years for trees and vines). Strong enforcement measures, such as imprisonment and fines, are introduced. This law is a milestone for relevant parties in the UAE market.
Breaking the “Injunction Myth” of Munich SEP? ZTE Becomes the First Defendant to Repel an Injunction through FRAND Defense
On March 25, 2026, the 21st Civil Chamber of the Munich I Regional Court ruled in Samsung’s counter – claim case against ZTE for SEP. It found ZTE fulfilled FRAND obligations and rejected Samsung’s injunction request for patent EP3580883. This was originally a counter – claim in ZTE’s lawsuit against Samsung and later became an independent case.
Munich is a SEP – friendly litigation venue. This is the first time the Munich court recognized the defendant as a “willing licensee” in an SEP case, enabling it to use FRAND defense to avoid an injunction. ZTE is a net licensor in the relationship with Samsung. The court didn’t approve Samsung’s strategy of using patents to pressure ZTE.
In February 2026, the Frankfurt court rejected Samsung’s anti – monopoly lawsuit against ZTE. The global SEP licensing dispute between them started in late 2024. Samsung’s multiple FRAND – related lawsuits haven’t given it an advantage. The Munich ruling weakens Samsung’s negotiation position. It’s an initial ruling, and many cases between the two are still pending in different regions.
IPO Pre – listing Patent Battle: Yushu Tech Wins Patent Invalidation
Yushu Technology, targeting the “first share of embodied intelligence” on the STAR Market, has won a major victory in a patent battle. Since July 2025, Hangzhou Luweimei Daily Chemical Co., Ltd. has sued Yushu for patent infringement, claiming its robot dog products violated the “A Kind of Electronic Dog” patent.
Yushu counterattacked by suing Luweimei for malicious litigation and twice asking the CNIPA to invalidate the involved patent. On March 23, 2026, the CNIPA declared the patent invalid as it didn’t meet the “inventiveness” requirement.
Luweimei’s legal representative plans to file an administrative lawsuit in two months and continue existing lawsuits. But Yushu’s lawyer thinks Luweimei will struggle to initiate new lawsuits based on this patent in the short – term.
The patent invalidation is a turning point. Previous lawsuits will continue, but new ones may be dismissed. Industry insiders believe this dispute won’t affect Yushu’s listing, as seen in the case of Minxin Co., Ltd.
DJI Sues Insta360 for Infringement of 6 Patents; Insta360 to Confirm with Legal Department
Recently, DJI Innovation sued Insta360 in the Shenzhen Intermediate People’s Court over 6 patent ownership disputes, involving several former DJI core R & D personnel. DJI said it’s its first domestic patent – ownership lawsuit, and the case is officially filed. The patents cover drone flight control, structural design, and image processing. Insta360 is confirming the matter with its legal department. DJI noted that in two patents, Insta360 had different inventor – naming practices in Chinese and international applications. The inventor is a former DJI R & D staff involved in key projects. The lawsuit centers on whether the patents should belong to DJI. DJI argues they are service inventions as they were created by former employees within a year of leaving and are work – related. If DJI wins, Insta360 may lose patent rights, face compensation, and reputation damage. This lawsuit will impact Insta360’s drone business and set a precedent for DJI against “former – employee – startup” competitors.
Attached Complaint | Huawei Sued for “Hidden Consideration” in Licensing: A Mystery of EVS Codec Patent Licensing
On March 6, 2026, EVS Codec Technologies (ECT) sued Huawei Terminal (Shenzhen) Co., Ltd. and Huawei (Dongguan) Terminal Co., Ltd. in the Eastern District Court of Texas. ECT sought a declaratory judgment on the 2020 patent licensing agreement, claiming Huawei violated the contract’s representation and warranty clauses and asking for full compensation for losses.
The case has a complex transaction network. VoiceAge holds key patents, and Acacia Research got licensing rights and sued many phone manufacturers including Huawei. David Sewell registered ACT and ECT. ECT sued Huawei for EVS patent infringement in 2018, the suit was dismissed in 2019, and they signed a licensing agreement in 2020. After that, Huawei transferred EVS patents to CCC, whose CEO is Sewell, and CCC sued OPPO, Apple, and Xiaomi.
ECT is in an arbitration with claims of “hidden consideration” in the ECT – Huawei agreement. ECT filed two claims in court. Huawei has not responded, and the case is being monitored.
UPC Accepts First Lawsuit by Brazilian Rights Holder: A Transnational Patent Dispute over Polyurethane Process
On February 5, 2026, the Hamburg Local Division of the Unified Patent Court (UPC) accepted a patent infringement lawsuit filed by Brazilian implant manufacturer Silimed against German company Polytech and its European distributors. This is the first case with a Brazilian claimant since the UPC’s operation in 2023.
Silimed partnered with Polytech in 1992 to enter the European market. After the cooperation ended in 2008, Polytech got a European patent in 2011. Silimed sued for patent ownership in 2017 but was initially rejected. In 2022, the German Federal Supreme Court overturned previous judgments. In 2024, the Frankfurt Higher Court ruled the technology was Silimed’s and ordered Polytech to transfer the patent and compensate. Polytech’s appeal was rejected in 2025.
Silimed also won a related lawsuit in Munich in 2025, but Polytech appealed. After the Frankfurt judgment, Silimed filed an infringement lawsuit in the UPC. The Frankfurt judgment restricts Polytech’s defense in the UPC, offering a reference for misused – technology rights holders.
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