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04

2026-09

UPC Unfiltered, by Willem Hoyng – UPC Decisions Week 35, 2026

In his week-35 roundup, Willem Hoyng highlights the Hamburg Local Division's August 24 judgment in Fraunhofer v HMD, finding the AAC standard-essential patent EP 2 380 167 valid and infringed, rejecting the FRAND defense, and granting an injunction after eight years of unlicensed use. The week also brought notable court-fee rulings: Genevant v Moderna received only a 25% fee refund on settlement, while Malikie v Xiaomi received the standard 50%.
03

2026-09

Issa Hesitant to Renew USPTO Fee-Setting Authority Amid PTAB Changes

At a September 2 oversight hearing, House IP Subcommittee Chairman Darrell Issa questioned whether renewal of the USPTO's fee-setting authority under the America Invents Act should be conditioned on reforming Director John Squires' expanded discretionary denial practice at the PTAB. Congress approved a short-term extension through December 12. Four witnesses backed renewal but split on conditions, and all urged reconstituting the disbanded Patent Public Advisory Committee.
03

2026-09

New Rules Taking Effect in September: Amended Copyright Judicial Interpretation Ends Free Press Reposting Online

The Supreme People's Court's Decision amending the Interpretation on copyright civil disputes took effect September 1, 2026. It narrows the statutory license for press reposting to approved paper newspapers and periodicals and their identical digital versions, requires permission and remuneration for online reposting, clarifies that "making public" means disclosure to unspecified persons regardless of actual public awareness, and aligns the fair-use rule for artworks in public places with the 20
28

2026-08

UPC Unfiltered, by Willem Hoyng – UPC Decisions Week 34, 2026

In 'UPC Unfiltered' for week 34 of 2026, published August 24, Willem Hoyng of Ho
27

2026-08

Commenters Split on USPTO Proposal to Require RPI Disclosure for Reexams

Following the USPTO's July 2026 notice of proposed rulemaking requiring third-party requesters for ex parte reexamination (EPR) to identify all real parties in interest (RPIs), 26 comments filed before the August 21 deadline reveal a sharp divide. Eight of 17 organizations outright oppose the proposal, arguing Congress deliberately made reexam available to "any person" with anonymity protections, while supporters say the Office cannot police statutory estoppel without knowing RPI identities.
27

2026-08

Shenzhen Intermediate Court Recognizes Unregistered Well-Known Trademark in Memory Chip Sector and Applies Punitive Damages in Typical Case

The Shenzhen Intermediate People's Court recognized an unregistered trademark used on memory chips by a leading Chinese storage semiconductor company as a well-known mark. Wang and 21 related parties had acquired shell companies, registered the mark as their trade names, and sold infringing SSDs and memory cards through 29 e-commerce stores with sales exceeding RMB 22.5 million. Finding organized, family-run, professional-scale counterfeiting, the court applied punitive damages to RMB 3 million
21

2026-08

MPA and ByteDance Reach Cooperation on Intellectual Property Protection for AI Video and Image Generation Models

On August 17, 2026, ByteDance and the Motion Picture Association (MPA) announced a memorandum of understanding on IP protection for ByteDance's generative AI models Seedance and Seedream, offered through TikTok, CapCut and Dreamina — described as Hollywood's first IP agreement with an AI company. The MOU follows the MPA's February 2026 cease-and-desist letter over AI-generated content reproducing protected film characters and actor likenesses. No financial terms or specific filtering mechanisms
21

2026-08

Pleading Licensee Marking After VDPP v. Volkswagen: Settlement Licensees Must Mark, and the Patentee Must Plead Its Efforts to Make Them

In a precedential August 19, 2026 decision authored by Chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit affirmed dismissal of non-practicing entity VDPP's patent infringement suit against Volkswagen. Because VDPP licensed the expired asserted patent to eleven settling defendants without marking obligations and failed to plead reasonable efforts to ensure licensee compliance with 35 U.S.C. § 287, it could not recover back damages. The court also affirmed a $207,543.60 attorney
21

2026-08

Revised Measures for the Administration of Priority Examination of Patents to Take Effect on September 1

The revised Measures for the Administration of Priority Examination of Patents (CNIPA Order No. 85) will take effect on September 1, 2026. The revision refocuses scarce priority-examination resources on high-quality applications in emerging and future industries, and establishes a closed-loop governance mechanism of provincial recommendation, unified CNIPA review, departmental coordination, dynamic quota allocation and dishonesty penalties — a shift from case-by-case acceleration toward whole-pr
14

2026-08

CIPO Releases Its 2026-2031 Business Strategy: Fee Review, Provisional Patent Option and Two New Accelerated Examination Pathways

The Canadian Intellectual Property Office's 2026-2031 Business Strategy, analyzed in commentary published August 11, 2026, sets four priorities for the next five years and several initiatives of direct interest to applicants: a comprehensive fee review beginning this winter, a Next Generation Trademarks System, consideration of a provisional patent option, and two new accelerated patent examination pathways — a fee-based ultra-fast-track service and a no-cost stream for government-priority techn
14

2026-08

Federal Circuit Rejects Penumbra's Test for Provisional Prior-Art Dates in Dental Monitoring SAS v. Align Technology

On August 10, 2026, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Dental Monitoring SAS v. Align Technology, Inc. (No. 2025-1752), holding that the pre-AIA Dynamic Drinkware rule carries over to post-AIA prior-art dating under 35 U.S.C. § 102(d)(2). The decision overturns the USPTO's looser approach — under which a reference needed only to be "entitled to claim" priority — and overrules the PTAB's precedential Penumbra decision, giving patent owners a new to
14

2026-08

Anhui Intellectual Property Protection and Promotion Regulation Takes Effect, Providing Rule-of-Law Safeguards for New Quality Productive Forces

The Anhui Intellectual Property Protection and Promotion Regulation, the province's first comprehensive local IP legislation, took effect on August 1, 2026. Adopted by the Standing Committee of the 14th Anhui Provincial People's Congress, the Regulation promotes high-value patent layout in key and disruptive technologies, establishes a multi-department trade secret protection coordination mechanism, requires e-commerce platforms and exhibition organizers to set up fast IP complaint channels, and

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