Intellectual Property Newsletter by MeritsIP, September 11, 2025

Intellectual Property Newsletter by MeritsIP, September 11, 2025

September 11, 2025 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.

Shandong Provincial National Intellectual Property Protection Center Conducts Precise Patent Pre – examination Service and Support Activities in Binzhou

Recently, Sun Wei, deputy director of the Shandong Provincial National Intellectual Property Protection Center, led a team to Binzhou. The team aimed to understand innovative entities’ needs for patent pre – examination services, solve on – site problems, and offer precise services for enterprise development. They visited key intellectual property enterprises and held a symposium on patent pre – examination needs. Enterprise leaders presented R & D, patent creation, and application situations and put forward problems. The research team solved some problems on – site and promised follow – up. The provincial center’s responsible person said the core of patent pre – examination is to promote high – value patent acquisition and transformation. In the future, they will deepen the service mechanism, establish a feedback mechanism, guide enterprises to access agency resources, and help improve patent quality and innovation efficiency.

Shaanxi Xi’an Intellectual Property Protection Center: Improving the Quality and Efficiency of Patent Pre – examination Services to Empower Regional Innovation and Development

To meet the urgent need of innovation entities for quick patent rights, the Xi’an Intellectual Property Protection Center in Shaanxi has taken targeted measures. It has improved the efficiency of patent pre – examination services through strengthening source governance, enhancing pre – examination capabilities, and improving institutional mechanisms. The number of pre – examined patent authorizations reached a new high, and two high – value pre – examined patents won excellence awards. In source governance, it carried out training, encouraged cooperation, and established a management system. For capacity building, it refined standards, organized exchanges, invited trainers, and conducted drills. Regarding mechanism innovation, it implemented a management system for registered entities, optimized the objection – handling process, and published a service guide.

Anhui Intellectual Property Protection Center Conducts Remote Hearing of Patent Reexamination and Invalidation Cases for the First Time

On September 9, the Reexamination and Invalidation Department of the CNIPA held remote hearings for two utility – model patent invalidation cases at the Anhui Intellectual Property Protection Center. It’s the first time the Anhui Protection Center has assisted in such hearings since its establishment. The cases involved two patents of an Anhui enterprise. After getting the commission, the center prepared promptly, conducting multiple system and equipment tests. During the hearing, the collegial panel was in Beijing, and the attorneys were in Anhui. Through high – definition audio – video technology, a real – time “cloud” connection was established. The hearing was well – organized with clear evidence presentation, and won praise. The center’s relevant person – in – charge said remote hearings are convenient and cost – effective for innovation entities. This success is a solid step for the center in building a coordinated IP protection system.

Chemical Patent Agency: The Art of Uncovering Innovation Points and Constructing Protection Strategies

This article underscores the importance of professional chemical patent agents in the chemical domain. Chemical innovations, ranging from laboratory breakthroughs to novel production – line processes, require appropriate patent protection for market competitiveness and to evade infringement risks.

Uncovering Innovation Points

Back – track from technical problems, like in new water – treatment agent or drug crystal form development.
Disassemble technical solutions to find details, such as a new sintering method in battery – material synthesis.
Avoid routine choices, differentiating non – obvious innovations from routine optimizations.

Constructing Protection Strategies

Write claims with a balance between scope and stability, using a gradient design and avoiding over – limiting step sequences in process patents.
Adopt a multi – level layout with core and peripheral patents.
Conduct prior – art searches and ensure sufficient experimental data for risk prediction.

The Uniqueness of Chemical Patent Agency

It needs in – depth knowledge of patent law and chemical technology, with specialized language, strict review standards, and strong market – application orientation.

In summary, professional chemical patent agents are vital for research teams to turn innovations into market advantages and safeguard patent value.

Budget of 6 million! Nanjing Hydraulic Research Institute Procures Intellectual Property Agency Services

Recently, the China Government Procurement Network released an open tender announcement for the intellectual property agency services of Nanjing Hydraulic Research Institute under the Ministry of Water Resources, Ministry of Transport, and National Energy Administration. The project budget is 6 million RMB. Potential bidders can obtain tender documents from September 8th – 15th, 2025, at Room 307, Building C, Zhengda Himalaya Center, Yuhuatai District, Nanjing, or on the China Tendering Union Tendering and Procurement Platform. The deadline for submitting tender documents is 9:30 on September 29th, 2025. The service scope includes domestic and international patent applications and software copyright registration. The contract period is one year, with possible two – time renewals after annual assessment. Bidders must meet certain qualifications, and the tender uses a comprehensive scoring method for evaluation.

Unauthorized Sales Do Not Lead to Loss of Novelty in Plant Varieties

The Supreme People’s Court Intellectual Property Tribunal issued a second – instance judgment in a plant variety right invalidation administrative dispute. Appellant Chen Moufang argued that Aite Plant Horticulture (Shanghai) Co., Ltd.’s “Calypso” variety lacked novelty due to pre – application sales overseas for over four years and in China for over one year.

The court ruled that only breeder – authorized sales could cause loss of variety novelty. Unauthorized “infringing sales” did not destroy novelty. For newly – protected plant varieties within one year, the domestic novelty grace – period was extended to four years, and overseas grace – period remained the same, with no grace – period for unauthorized sales.

As Chen couldn’t prove breeder – authorized pre – application sales exceeding the grace – period, the court rejected the appeal and upheld the original judgment. This case clarifies novelty – determination rules and enriches plant variety authorization and confirmation judicial practice.

2024 National Trademark Pledge Financing Registration Amount Exceeds 300 Billion Yuan

On September 6, information from the 15th China International Trademark Brand Festival showed that China has been strengthening trademark brand work, creating well – known trademark brands supported by tech innovation. In 2024, the national trademark pledge financing registration amount surpassed 300 billion yuan. China promoted the revision of trademark registration application rapid – examination regulations, improved the examination mechanism, and enriched policy supply. Over 5,100 trademark brand guidance stations were built, serving enterprises over 600,000 times annually, offering convenient public services for business entities. Moreover, China actively promotes Chinese brands to expand globally. In 2024, Chinese applicants filed 5,828 Madrid International Trademark Registration applications, up 6.3% year – on – year, ranking third globally for years. The World Intellectual Property Organization reported that in 2024, the value of Chinese brands among the world’s top 5,000 brands reached 1.76 trillion US dollars, ranking second globally, enhancing the international influence of Chinese brands.

20 – Day Review for Madrid Trademark International Registration

On September 10 afternoon, the Trademark Office of CNIPA released the “Guidelines for the Expedited Examination of Madrid International Trademark Registration Applications”. Applicants with overseas trademark needs and meeting specific conditions can request expedited review. They should submit a signed/stamped request with evidence, ensuring truthfulness. If the basic trademark got expedited review domestically, no resubmission of evidence is needed.

The request should be in paper form with an envelope note. If approved, the Trademark Office will finish the review within 20 days, accept the application electronically. If not, it’ll follow the general procedure and notify the applicant by phone. After approval, the applicant must pay the international fee in 7 days, with no extra expedited – review fee.

The Guidelines also define situations for terminating expedited review, like suspension requests, necessary corrections, or late fee payment. In such cases, the general procedure applies, and the applicant will be notified by phone.

Trademark | Supreme Court: Reversal in Retrial! The Trademark “The Tragedy of Lord George” Has Distinctiveness

The Supreme Court reversed previous judgments in a trademark application rejection and review administrative dispute between Penhaligon’s Limited and the China National Intellectual Property Administration (CNIPA). The court stated that the distinctiveness of a trademark should be judged based on the general perception of relevant consumers. The trademark “The Tragedy of Lord George” has a unique composition, meaning, and pronunciation, and is not a common symbol in the relevant industry. When used on Class 3 goods like perfumes, it has no relation to the goods’ features. Similar – structured trademarks have been approved in the industry, and consumers have recognized it as a perfume trademark through use. Thus, it has inherent distinctiveness. The Supreme Court revoked previous judgments and the CNIPA’s rejection decision, ordering the CNIPA to make a new one. The retrial judgment was on June 24, 2025, involving relevant trademark laws and regulations.

South Korea’s Intellectual Property Office Announces 2026 IP Budget

On September 1, 2025, the Korea Intellectual Property Office (KIPO) announced its 2026 IP budget plan, amounting to 724.8 billion won, a 19 – billion – won increase from 2025. The budget for major IP projects is 418.9 billion won, up 53.6 billion won year – on – year. Key areas for the 2026 budget include: providing high – quality examination and re – examination services with AI; enhancing IP creation and application capabilities to support corporate financing and SMEs; building IP protection infrastructure to handle trademark pre – emption and strengthen anti – counterfeiting; and improving R & D efficiency with patent big data. The article also shows the budget changes for each item from 2025 to 2026.

Overseas News | South Korea’s Supreme Court Rejects US Composer’s Copyright Claim for “Baby Shark”

South Korea’s Supreme Court recently ended a six – year legal battle over the children’s song “Baby Shark”. It rejected US composer Jonathan Wright’s copyright infringement claim against Pinkfong, upholding the lower – court’s decision and confirming Pinkfong’s rights to its adapted version. Jonathan released his version in 2011 and initially allowed free adaptation. But after Pinkfong’s 2019 copyright lawsuit, he claimed copyright protection. Pinkfong argued its 2016 version was an independent creation. The court found Jonathan’s version lacked inventiveness and wasn’t protected. “Baby Shark” was a US camp classic since the 1970s, possibly inspired by “Jaws”. Pinkfong’s adaptation became a global hit, breaking YouTube records, reaching 10 billion views, and evolving into a modern internet cultural symbol, translated into over 100 languages and spawning a movie series.

Overseas News | Karen Walker Wins Trademark Objection Case

The Australian Intellectual Property Office announced that New Zealand fashion brand Karen Walker won a trademark objection case. The registration of “Runaway the Label” in Classes 25 and 35 was rejected. The key issue was the confusing similarity between the two trademarks, judged under Section 44 of the Trademarks Act 1995 (Cth).

Karen Walker had registered “RUNAWAY” in Australia for clothing and perfume, and held the “Runaway Girl” graphic trademark. The applicants from Sydney claimed to have used “Runaway the Label” since 2014. The examiner stated the first part of a trademark is most distinctive. “RUNAWAY” and “Runaway the Label” were confusingly similar as “THE LABEL” didn’t weaken “RUNAWAY”‘s dominance.

The applied – for trademarks were highly correlated with Karen Walker’s. The applicants’ claim of concurrent use was unsupported due to lack of proof of “honesty”, so the “honest concurrent use” defense didn’t apply. This case shows the importance of the first word in a trademark, the insufficiency of adding common words for distinctiveness, and the need for a comprehensive trademark search.

US Patent Micro-Entity Application: Required Proof Materials

Since August 4, 2025, new US patent applications in the name of a micro – entity must provide proof of eligibility. Corporate applicants need a stamped copy of the PRC corporate income tax annual return, showing the previous year’s total revenue didn’t exceed $223,740. Individual applicants or inventors should provide a personal income tax screenshot meeting the micro – entity standard. Failure to submit proof or providing non – compliant materials means paying the fee difference as per small or large entity standards. False declarations may result in application rejection or patent invalidation. Templates for eligibility checking and methods for getting tax certificates are provided. For authorization fee payment, micro – entity applicants need a signed lawyer’s document, which they must confirm and supplement before paying; otherwise, pay by the small – entity official standard. The micro – entity standard cuts official fees by 80%, and the small – entity by 60%.

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