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.

Fujian Releases 2025 Provincial Intellectual Property Protection Typical Cases

Recently, the Office of the Leading Group for Accelerating the Construction of a Province Strong in Intellectual Property of Fujian Province released the 2025 provincial typical cases of intellectual property protection. The goal is to utilize these cases’ exemplary, legal – interpretation, and warning roles, strengthen full – chain intellectual property protection, and create a positive social atmosphere.

The cases cover multiple fields and various protection methods. They reflect Fujian’s achievements in foreign – related and cross – strait intellectual property protection, show the determination to combat illegal acts, and support industrial development, offering practical guidance for high – quality protection.

In the future, Fujian will improve the protection mechanism, strengthen cooperation, enhance efficiency, and raise public awareness to promote the construction of an intellectual property – strong province.

Germany’s Court Rules: AI-Generated Designs Not Protected by Copyright

A Munich court has ruled that three AI – generated logos are not eligible for copyright protection as they lack human creative input. In the EU and UK, a design must be original, with creative choices made by a human author. The plaintiff wanted an injunction against the defendant’s use of the logos, arguing that AI is just a tool. However, the court stated that human input should objectively and clearly shape the final output. Here, the AI model’s technical activities were more influential than the plaintiff’s creativity. It’s uncertain if other EU courts will follow this ruling, and it’s worth exploring how UK courts will handle similar cases. The UK uses a similar copyright originality test as the EU, but previously evaluated originality based on the author’s skill, labor, and judgment, which might lead to a different outcome for the plaintiff.

USPTO Releases New Procedure for Ex Parte Reexamination Requests

On April 1, 2026, the United States Patent and Trademark Office (USPTO) introduced a new procedure. It allows patent holders to submit materials to show that the technical content in an ex parte reexamination request doesn’t constitute a “substantial new question of patentability” as defined in 35 U.S.C. § 303(a).

35 U.S.C. § 303(a) requires the USPTO to determine within three months after a patent reexamination request is filed whether it raises a substantial new question of patentability. The Manual of Patent Examining Procedure (MPEP) defines the conditions for such a question.

Previously, the USPTO made the determination without hearing the patentee’s opinions. The new procedure allows patentees to submit written opinions without filing an application or paying fees.

When deciding on reexamination, the USPTO will review the request, the patentee’s pre – filing statement, and the third – party requester’s response. If no claim in the request has a substantial new question, reexamination won’t be initiated. If at least one claim has such a question, reexamination will be limited to that claim.

South Korea’s Government Increases Support for Overseas IP Protection and Dispute Resolution

South Korea’s Intellectual Property Office will strengthen support for overseas IP protection this year. The budget for IP legal support will rise by 36% from 60.3 billion won to 82.3 billion won to assist export – oriented enterprises in handling overseas disputes and reducing rights – safeguarding costs. Most South Korean small and medium – sized export enterprises give up lawsuits in overseas IP disputes due to high costs. To prevent risks, an AI – based pre – detection system will be set up, the number of countries for on – site investigations will increase, and the online monitoring scope of counterfeit goods will expand. The support scope is broadened, including confusing behaviors in trademark infringement consultation and extending protection to trade secrets. Multiple departments will collaborate to build a support system. In education and training, more enterprises will receive IP training, a new on – site support project will be launched, customized courses will be provided, and IP information of 30 countries will be available on the portal. The director said overseas IP disputes are crucial for South Korea’s export competitiveness.

US Patent and Trademark Office Issues Final Rule: Foreign Applicants and Patent Holders Must Be Represented by US Registered Patent Practitioners

The US Patent and Trademark Office (USPTO) issued a final rule on March 20, 2026. It requires all non – US domiciled patent applicants, inventors, and patent holders to be represented by US registered patent attorneys or agents when submitting materials to the USPTO, while US – domiciled ones can handle matters directly. Starting from July 20, 2026, if any party in a patent application is non – US domiciled, the whole application must be represented. The rule aims to curb fraud, improve accuracy, and align with global practices. It has features like mandatory representation, date – requirement distinction, and an enforcement mechanism. The USPTO introduced it to promote coordination, prevent fraud, and enhance efficiency. Compared with the 2019 trademark rule, there are similarities in purpose but differences in key aspects. Foreign applicants and holders should take proactive steps to comply.

European Patent Office’s Standing Advisory Committee Rules Working Group Considers Digitalization, Legal Changes, and Accessibility Measures

On March 12, 2026, the European Patent Office (EPO) held the first semi – annual meeting of the Rules Working Group (WP/R). Thirteen representatives from member – state user groups met with the EPO to discuss digitalization, legal revisions, and accessibility improvements. The EPO reported on digital transformation progress, including draft amendments for a paperless patent approval process by April 1, 2027, and the third batch of legal revisions. It also informed about introducing DOCX as a submission format in Q2 2026 and a welcome proposal for real – time captioning in oral opposition hearings. The “Convergence of Practice” plan’s second cycle was completed in 2026, and the third cycle has started. New digital tools on the EPO website got positive feedback, and two court rulings confirmed EPO practices for unified patents. The SACEPO Rules Working Group meets twice a year for structured dialogue on convention revisions.

1.1 Billion Yuan “Bailing” Gene Patent Case Second Instance: Dispute over TCM Modernization Innovation Protection

On April 23, the Supreme People’s Court heard the second instance of the “Bailing” patent infringement case. Hangzhou Zhongmei Huadong Pharmaceutical Co., Ltd. (plaintiff) accused Qinghai Zhufeng Cordyceps Sinensis Pharmaceutical Co., Ltd. (defendant) of using its patented gene function in production. The first – instance court rejected the plaintiff’s claim, stating the defendant’s strain was natural and didn’t use the patented gene via separation or extraction.

The “Bailing” product’s core is fermented Cordyceps Sinensis powder. The plaintiff domesticated strains for mass – production. The defendant claimed its strains were natural and non – infringing. The first – instance judgment regarded the gene as “naturally existing” as artificial breeding didn’t change it genetically. But the plaintiff thinks the patent should cover all uses of the patented gene function under human control.

The plaintiff has trouble proving infringement as it must prove the strain is “non – natural” and the defendant “deliberately used” the gene. This case shows the “authorization without protection” problem in TCM gene patents. The “prior use right defense” might be a solution. The second – instance trial will set a precedent for gene innovation protection in TCM modernization.

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