IP News, November 2024
2024-12-01

1. World Intellectual Property Organization Releases World Intellectual Property Indicators Report

Global patenting activity reached new heights in 2023 as applications surpassed 3.5 million for the first time, marking the fourth consecutive year of growth, according to WIPO’s annual World Intellectual Property Indicators (WIPI) report. China (1.64 million), the US (518,364), Japan (414,413), the Republic of Korea (287,954) and Germany (133,053) led global patent filings. Global industrial design filing activity also grew in 2023, rising by 2.8% to 1.52 million designs, with seven of the top 20 countries seeing double digit growth. Trademark filing activity totaled 15.23 million classes, reflecting a 2% decline on 2022, though the decrease was much less severe than in the previous year. Computer technology continues to be the most frequently featured technology in published patent applications worldwide, accounting for 12.4% of the world total. It was followed by electrical machinery (6.8%), measurement (5.9%), medical technology (5.4%) and digital communication (5.3%). Among the top 10 fields of technology, computer technology is the only field to have witnessed double-digit growth between 2012 and 2022. The number of published patent applications related to energy technologies – solar, fuel cell, wind, geothermal and hydro energy – increased from around 29,400 in 2007 to around 44,700 in 2022.

Source: https://www.wipo.int/pressroom/zh/articles/2024/article_0015.html

 

2. Trademark Fee Changes to Take Effect on January 18

The U.S. Patent and Trademark Office (USPTO) announced updated trademark fees in a final rule, effective January 18, 2025. The change involves not only a significant increase in fees, but also the elimination or replacement of some existing services, which will directly affect the way applicants file and maintain their trademarks. For example, the current U.S. trademark application is divided into TEAS Plus application and TEAS Standard application, of which the fee for TEAS Plus is $250 per class of goods or services, and TEAS Standard is $350/class, which is uniformly adjusted to $350/class. Trademark renewal and declaration fees have also been adjusted upward to different degrees. Renewal fees increased by $25/class, declaration fees increased by $100/class, and incontestability fees increased by $50/class. For an applicant to maintain a trademark valid for ten years, the fee will increase by $225, or about RMB 1,600, compared to the current fee. This adjustment is mainly in light of the fact that the US economy is currently facing higher than expected inflation and the operating costs of the USPTO have increased significantly. Back in June 2023, the USPTO held a hearing through the Trademark Public Advisory Committee (TPAC) to invite the public to participate in the discussion of the proposed fee adjustment.

Source: https://www.uspto.gov/about-us/news-updates/trademark-fee-changes-take-effect-january-18

 

3. U.S. International Trade Commission to Investigate Runergy, Adani for Patent Infringement

After considering a complaint by Trinasolar US, the U.S. International Trade Commission (ITC) has voted to institute an investigation of Runergy and Adani for possible patent infringement. Trinasolar, a China-based provider of solar panels, filed a complaint in September with the ITC, alleging that Runergy and Adani Green Energy improperly imported and sold projects that infringe on its patents for tunnel oxide passivated contact (TOPCon) solar cells. Having considered Trina’s complaint, the U.S. government ordered an investigation of whether Runergy and Adani are in violation of Section 337 of the Tariff Act of 1930. In particular, the investigation will examine whether Runergy and Adani have infringed Trina’s TOPCon solar cell technology patents. In the complaint, Trina Solar requested that the ITC issue a limited exclusion order and cease-and-desist orders against Runergy and Adani to bar the importation into the United States of certain solar cells, modules, panels, components thereof, and products containing the same that infringe Trina’s patents.

Source: https://www.pv-magazine.com/2024/11/20/u-s-international-trade-commission-to-investigate-runergy-adani-for-patent-infringement/

 

4. Japan IP Court OKs New 3D Godzilla Trademark, Overruling Patent Office

Japan's Intellectual Property High Court has overturned a decision by the Japan Patent Office not to recognize the shape of the eponymous character from the film "Shin Godzilla" as a 3D trademark, accepting the claims of the film's producer and distributor. Distributor Toho Co. applied in September 2020 to register Godzilla's fourth form, the final evolutionary form of the character appearing in the movie, as a 3D trademark for use in figures and toys. The patent office, however, refused registration and in a hearing in March 2024, it dismissed an appeal, stating, "It is merely one form resembling dinosaurs or imaginary creatures." In May 2024, Toho filed a lawsuit calling for the decision to be revoked. In its decision dated Oct. 30, the Intellectual Property High Court pointed out that from the time "Shin Godzilla" hit theaters in 2016, the form of the character with its countless folds and complex rocklike texture has been "widely recognized by consumers." Noting that the movie franchise has been releasing new Godzilla titles for over 60 years, the intellectual property court recognized that the character had "overwhelming recognizability," and accepted the trademark.

Source: https://www.msn.com/en-xl/news/other/japan-ip-court-oks-new-3d-godzilla-trademark-overruling-patent-office/ar-AA1tEI2C

 

5. DSM-Firmenich Secures Positive Judgment in Patent Infringement Case

In a lawsuit filed in U.S. District Court in Delaware on November 12, Dr. Shirin Towfigh in Beverly Hills accuses the medical device company, Medtronic, of stealing her design after the parties met in 2015 and signed a mutual non-disclosure agreement. In 2016, she visited Medtronic’s manufacturing site in France to discuss a potential collaboration and her patent-pending product. She filed for an international patent to protect a new design aimed at improving outcomes for patients in 2016. In May 2017, Medtronic filed its own hernia mesh patent for a product that Towfigh says closely resembles her design. In October 2019, one of Towfigh’s patents was granted. In May 2020, Medtronic launched its new hernia mesh product, Dextile. The lawsuit is not the first time Medtronic has faced allegations of patent infringement. In 2014, the company was sued by Dr. Mark Barry, alleging that Medtronic violated two of his patents intended to correct spinal issues. The same year, Medtronic agreed to settle patent litigation with Edwards Lifesciences over allegations. In 2020, Colibri Heart Valve sued Medtronic, alleging the company’s devices violated its patent related to heart valve replacement for patients with cardiac conditions.

Source: https://www.cnbc.com/2024/11/13/beverly-hills-surgeon-sues-medtronic-for-patent-infringement.html

 

6. DSM-Firmenich Secures Positive Judgment in Patent Infringement Case

DSM-Firmenich has secured a favorable first instance judgment in China for patent infringement against Shandong Haineng Bioengineering Co. Ltd. In June 2023, DSM-Firmenich initiated legal action for patent infringement against Haineng, alleging that certain Haineng swine compound premix containing 25-hydroxyvitamin D3 constitutes unlawful use of DSM-Firmenich’s patented technology. DSM-Firmenich is a pioneer and a world leading manufacturer of 25-hydroxyvitamin D3 – the major circulating form of vitamin D – which is widely used in animal feed as Hy-D, as well as other applications, the company said in a press release. Qingdao Intermediate People’s Court in China holds the manufacturing, sales and offer-for-sale of two Haineng swine compound premixes containing 25-hydroxyvitamin D3 constitute unlawful use of DSM-Firmenich patented technology and orders Haineng to pay compensation for the infringement. While it is pleased with the holding of infringement, DSM-Firmenich has appealed the judgement for higher compensation. Haineng has also appealed the judgement.

Source: https://www.feedstrategy.com/business-markets/legal-news/news/15709051/dsmfirmenich-secures-positive-judgment-in-patent-infringement-case