IP News, February 2025
2025-02-22

1.CNIPA Adjusts "Priority Examination Rules for Patent Applications"

The China National Intellectual Property Administration (CNIPA) recently updated its "Priority Examination Rules for Patent Applications," implementing systematic optimizations to the priority review mechanism for patents in strategic emerging industries. Under the revised requirements, the primary classification codes of patent applications must align with the following technical indexing systems: the Catalog of Strategic Emerging Industries and International Patent Classification Reference (2021), the Green Technology Patent Classification System, the Key Digital Technologies Patent Classification System (2023), or the Patent Classification System for the "Three New" Key Sectors (2024). The adjustments target national priority industries such as energy conservation, next-generation IT, biotechnology, high-end equipment manufacturing, new energy, advanced materials, new energy vehicles, and smart manufacturing.

Source: https://mp.weixin.qq.com/s?__biz=MzA3NDQ2OTY1Mg==&mid=2647880896&idx=1&sn=959c054565df6d6a8acbc422cc07ef66&chksm=87588cbbb02f05ad00b39cd26a0a31f5349ecf711dc5a50695364aa7ca8c1108035b49119eba&scene=27

 

2. EPO Launches Enhanced Searchable Database for Patent Representatives

The European Patent Office unveiled a new, comprehensive searchable database of professional patent representatives on February 3, 2025, marking a milestone in its Strategic Plan 2028 to boost digital transformation and transparency. The platform replaces the monthly updates previously published in the Official Journal and streamlines access to over 14,000 registered representatives qualified to assist applicants in securing European patents. The upgraded database allows users to filter representatives by criteria. Key data fields include professional addresses, entry/re-entry dates, and telecommunication information. Non-resident applicants from outside the European Patent Convention (EPC) member states—who are legally required to use EPO-registered representatives—will benefit from simplified searches.

Source: https://www.epo.org/en/news-events/news/new-searchable-database-professional-representatives-epo-available-today

 

3. USPTO’s Suspends Climate Change Mitigation Pilot

The USPTO’s Climate Change Mitigation Pilot program was suspended effective on January 28, 2025. The program was originally supposed to run until June 7, 2027, or the date on which a total of 4,000 applications have been granted special status, whichever occurs earlier. It was designed to positively impact the climate by accelerating the examination of patent applications for innovations that mitigate climate change and was originally launched in June 2022. This program is relevant to cleantech clients, such as those in the renewables, energy storage, logistics / transportation industries, among others, as well as innovations in other industries that increase energy efficiency, reduce waste, promote sustainability, or reduce environmental impact. Through the program, the typical 16- to 24-month examination timeline would slash to just months. Major participants like Tesla and General Electric are now assessing the impact. Analysts warn that if the program remains shelved, companies may pivot to patent offices in Europe or China, which offer similar accelerated pathways.

Source: https://www.nortonrosefulbright.com/en-ca/knowledge/publications/78c56daf/canadas-advanced-examination-for-green-technologies-an-alternative-to-the-usptos

 

4. Alibaba Sued for Patent Infringement of Cloud Delivery System

Cooperative Entertainment Inc., a North Carolina company, sued Alibaba Group Holding Ltd.'s cloud computing unit for patent infringement related to peer-to-peer content distribution technology. The lawsuit, filed Feb. 20 in a California federal court, accuses Alibaba Cloud US LLC’s systems of delivering content over the internet while infringing a patent owned by Cooperative. Under dispute is US Patent No. 9,432,452. Peer-to-peer distribution allows users to share video and other large files directly between their computers rather than downloading all the data from a central server. That can reduce bandwidth costs for content providers.

Source: https://news.bloomberglaw.com/ip-law/alibaba-sued-for-patent-infringement-of-cloud-delivery-system

 

5. DeepSeek Faces Trademark Dispute in the US

Chinese AI company DeepSeek has recently encountered a trademark conflict in the United States. When filing a "DeepSeek" trademark application with the U.S. Patent and Trademark Office in January, the company discovered that Delaware-based firm Delson Group had registered the identical trademark 36 hours earlier. Delson Group claims to have sold AI products under the "DeepSeek" brand since 2020. Public records reveal that Delson Group has initiated over 24 trademark disputes involving entities like GSMA and Tencent, and has registered trademarks for Chinese corporate brands such as "Geely" and "China Mobile," leading to allegations of trademark squatting. If Delson Group can substantiate its 2020 usage of the trademark, DeepSeek may face infringement risks. And Delson Group could potentially sue DeepSeek for "reverse confusion" to block its use of the brand in the U.S. market.

Source:https://techcrunch.com/2025/01/29/deepseek-might-have-a-trademark-problem-in-the-u-s/?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS5oay8&guce_referrer_sig=AQAAALEaHKCBshSW2XEC1Z3deUdit_9sihGCce4rnBllLSq5sZwTH6fN5d80P2oBsvR1wX_4CGJQ4JUcv6rc28yVfeGSTXCL_FtamA-17ZLpXFTwkCp1MzscN2N0PcqXEoFLFWQv27-BJ26F9vreyPtMxQmQb09ljL7_7ucJ2nJ_cZ4G

 

6. Caltech Sues Bio-Rad over Revolutionary PCR Patent Infringement

The California Institute of Technology filed a lawsuit in the U.S. District Court for the Northern District of California, accusing biotech giant Bio-Rad Laboratories of unlawfully integrating its groundbreaking multiplex PCR detection technology into Bio-Rad’s QX600 and QX One digital PCR systems. The case, targeting patent US 12,168,797, seeks hundreds of millions in damages and could reshape the molecular diagnostics industry. Caltech’s 797 patent, issued in December 2024, employs a dual “fluorescence intensity gradients + decoding matrices” technique to exponentially increase the number of detectable targets in a single reaction. Hailed as the “cornerstone of next-gen molecular diagnostics,” the innovation overcomes limitations in traditional PCR methods, which require unique fluorescent labels per target and face signal overlap issues. The lawsuit alleges Bio-Rad knowingly incorporated the patented technology into its flagship products, causing “significant devaluation” of Caltech’s intellectual property.

Source: https://www.reuters.com/legal/government/bio-rad-sued-by-caltech-over-dna-analysis-technology-2025-02-19/