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IP Five in 5 – USPTO Fee Increases Enacted, OpenAI Accuses DeepSeek of Unauthorized Use, and Bacardi’s Legal Battle Continues

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Welcome to MaxVal’s IP Five in 5, your quick roundup of the top five IP news stories in under five minutes. In this edition, we cover USPTO fee increases, OpenAI’s accusations against DeepSeek, Bacardi’s trademark dispute, and more.

USPTO Implements New Patent and Trademark Fee Increases

Effective January 19, 2025, the United States Patent and Trademark Office (USPTO) has enacted a series of fee adjustments impacting both patent and trademark filings. The new fee schedule includes an overall 7.5% increase in patent fees, with certain fees experiencing even higher percentage hikes. Notably, a new surcharge has been introduced for continuation applications filed more than six years after the original filing date, amounting to $2,700, and $4,000 for those filed after nine years. Trademark application fees have also risen, with a base fee of $350 for electronic filings and additional surcharges for specific identification and information requirements.

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OpenAI Accuses DeepSeek of Unauthorized Use of AI Technology

OpenAI has accused Chinese AI startup DeepSeek of using its proprietary models to train a competing open-source AI system, potentially violating intellectual property agreements. OpenAI alleges that DeepSeek employed a technique known as “distillation,” which involves using outputs from larger models to improve smaller ones, in contravention of OpenAI’s terms of service. This dispute underscores the growing concerns over IP rights in the rapidly evolving AI industry.

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Bacardi’s Legal Battle Over ‘Havana Club’ Trademark Continues

A federal court in Virginia has ruled against Bacardi in its ongoing legal dispute with the USPTO over the rights to the “Havana Club” trademark. The court dismissed Bacardi’s lawsuit challenging the USPTO’s decision to renew the trademark for Cubaexport, a Cuban government entity. Bacardi plans to appeal the decision, arguing that the USPTO disregarded established law and regulations. This case highlights the complexities of trademark rights, especially concerning brands with geopolitical implications.

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Unified Patent Court’s Growing Influence in Europe

Since its inception 18 months ago, the Unified Patent Court (UPC) has significantly impacted patent litigation across Europe. As of January 1, 2025, the UPC has received 635 cases at the first instance, including 239 patent infringement actions. The court has issued both interim and permanent injunctions against manufacturers, demonstrating its authority and the broad reach of its decisions across all 18 member states.

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USPTO Releases Artificial Intelligence Strategy

In January 2025, the USPTO published its Artificial Intelligence Strategy, outlining initiatives to advance the development of IP policies that promote inclusive AI innovation. The strategy emphasizes the importance of adapting IP frameworks to accommodate the unique challenges and opportunities presented by AI technologies, ensuring that the IP system remains robust and effective in fostering innovation.

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Stay tuned for more updates in the ever-evolving world of intellectual property.

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