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.

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Guangxi Holds Expert Review Meeting on Patent Regulations Revision

The Guangxi Market Supervision Administration (Intellectual Property Office) organized an expert review meeting on revising the “Regulations of the Guangxi Zhuang Autonomous Region on Patents” in Nanning. Since the “Regulations” were implemented in 2012, Guangxi’s patent cause has developed rapidly. To stimulate innovation and support the construction of a strong intellectual – property region, the administration initiated the revision according to the 2026 work plan. The draft revision was discussed by experts, who found it legal, compliant, and in line with practical needs. They also offered valuable suggestions. The administration will study the suggestions, improve the draft, and promote the legislative work to enhance the “Regulations” and guarantee the high – quality development of Guangxi’s patent cause.

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Lex Machina Releases 2026 Class Action Litigation Report

On April 16, 2026, Lex Machina, a legal analytics platform under LexisNexis, released the “2026 Class Action Litigation Report”. The report analyzes class – action lawsuits in US federal courts, using data from 2016 – 2025. The number of class – action lawsuits hit a ten – year high in 2025, reaching over 12,200, reflecting post – pandemic litigation resurgence. Consumer protection cases are the main growth driver, accounting for nearly half of total federal class – action lawsuits in the past decade. In 2025, there were over 7,600 such cases, a 50% year – on – year increase. High – value compensation and long litigation cycles pose financial risks. From 2023 – 2025, settlement compensation approved by federal courts for class – action certifications exceeded $32 billion. Class certifications and settlements typically happen two years after filing, and the median time to trial is nearly four years.

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BMW’s US Patent Dispute in Germany Heralds Future Legal Battles

The long – standing territorial “cease – fire agreement” in international patent law may be broken. The CJEU’s 2025 ruling in the BSH case found a “third – country” loophole, allowing EU member – state courts to rule on non – EU patents when the defendant is in the EU. Onesta IP sued BMW in Munich for US patent infringement, and BMW sought a counter – injunction. US District Judge Alan Albright condemned the Munich strategy, and the US Federal Circuit is expected to support his view. This situation has different impacts on implementers and patent holders. For implementers in the EU, US – patent – related lawsuits may no longer be in the US. For patent holders, the BSH ruling offers an international one – stop service. The era of “each country minding its own business” in patent litigation is over, and cross – border patent disputes may have global consequences.

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Help Enterprises Solve the “Three Difficulties” in Overseas Patent Layout! Zhejiang Issues New Guidelines to Accelerate the “Going Global” of Innovative Entities

To tackle the long review cycle, complex procedures, and unfamiliar rules in enterprises’ overseas patent layout, the Zhejiang Intellectual Property Protection Center issued the “Guidelines for the Patent Prosecution Highway (PPH) and Other Patent Examination Acceleration Paths”. The Guidelines systematically sort out rules to clear up confusion, refine the operation process to solve the problem of not knowing how to proceed, and strengthen strategic guidance to avoid wrong choices. They integrate application rules of different countries, detail PPH application practices in nine important countries or regions, and offer a comprehensive comparative analysis of acceleration paths, guiding enterprises to choose the most suitable plan and build a global patent acceleration strategy.

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Data Delayed: Will the Patent Wait? Latest Rules, Key Cases, and Corporate Strategies for Post-Application Data Submission or Publication in China and Europe

This article explores post – application data submission or publication in patent applications in China and Europe. In Europe, the focus has moved from the “plausibility” debate to new rules from G 2/21. The 2025 European Patent Office Examination Guidelines allow later data for inventiveness assessment under certain conditions, but post – application data should deepen the original story. In China, rules are clearer; post – application experimental data should be examined, and the technical effects it proves must be derivable from the patent application. Chinese judicial practice analyzes the issue at three levels.

Comparing China and Europe, both are concerned about whether post – application data proves an existing invention or creates a new one, with differences mainly in style. Practical advice for Chinese enterprises includes having an “effect anchor” in the first application, writing a clear “effect chain”, designing a “comparison matrix” in advance, separating data – related arguments, being cautious when applying in Europe with a thin experimental basis, and knowing that data acceptance doesn’t guarantee inventiveness in some cases. Post – application data should be a late proof of the first invention, and Chinese enterprises should lay a good foundation in the first application.

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Inner Mongolia Baotou Market Supervision Bureau Brings “Trademark Protection Course” into the Market

Recently, the Baotou Market Supervision Bureau in Inner Mongolia, along with the local public security bureau and procuratorate, entered the Huanxi Market in Donghe District. They held a “cases + guidance + interaction” trademark infringement popular – science publicity activity. Law enforcement officers explained real – life trademark infringement cases as warnings. The publicity team provided a three – step guide for dealing with infringement. Staff distributed leaflets and answered merchants’ questions. The Bureau will continue to crack down on infringement and issued four reminders to merchants, including obtaining authorization documents, proving the legal source of goods, not selling fakes, and knowing that post – event remedies can’t exempt legal liability.

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WIPO Releases 2026 Madrid System Yearly Review

On April 16, 2026, WIPO released the Madrid Yearly Review 2026 on the 2025 usage and data of the Madrid System. In 2025, about 64,150 international trademark applications were filed via the system, a 1.5% y – o – y decrease. Grenada’s joining brought the member count to 116, covering 132 countries. The US, Germany, China, France, and the UK were the top 5 application – source countries/regions. Among the top 20, Sweden, India, and the Netherlands grew fastest, while Italy, Russia, and Turkey declined most. The top 10 and top 20 source countries accounted for 68.9% and 85.7% of the global total. European applications’ share dropped to 50.8%, while Asia and North America rose. Chinese applicants had the most designations. The top 5 applicants were L’Oréal, Light & Wonder, Kolka, Huawei, and Merck. Despite the application decline, the total number of designated Nice classes grew by 0.6%. Service classes accounted for 36.3% of applications. The research and technology sector dominated. The EU replaced the UK as the most – designated member, and the UAE had the fastest growth in designation volume, while China, the US, the UK, and Japan saw declines.

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