CrossVision IP Insights

Patent Intelligence,
Practitioner-Grade

In-depth analysis of USPTO and EPO developments, prosecution strategy, and cross-border IP practice —written for attorneys, patent agents, and corporate IP counsel.

14 articles
Featured
USPTO PIER Pilot Program: What PCT National-Phase Applicants Must Know
USPTO Practice

PIER Pilot Program: What PCT Applicants Must Know in 2026

The USPTO's PIER Pilot requires PCT national-phase applicants to make an early decision: proceed, delay 12 months, or abandon. This article breaks down the three options, the often-misunderstood PTA implications of the delay election, the fee-refund preclusion upon abandonment, and the signing-authority requirements practitioners must verify before responding.

April 10, 2026 9 min read
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USPTO Practice

When Applicants Help Examiners Find Rejections: Managing IDS Strategy in U.S. Patent Prosecution

For Chinese applicants, IDS practice can feel like paying counsel to hand the examiner rejection material. The real discipline is earlier disclosure, smarter batching, duplicate control, and internal tracking before litigation risk appears.

May 7, 2026 9 min
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Claim Drafting

When “About” Becomes Indefinite: A Patent Drafting Lesson from Enviro Tech v. Safe Foods

The Federal Circuit’s Enviro Tech decision shows how ordinary approximation language can invalidate claims when an amended numerical boundary is not anchored in the specification or prosecution history.

May 7, 2026 9 min
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Trademark

Scheming Trademarks: How Bad-Faith Filings Trap Chinese Cross-Border Sellers on Amazon

Bad-faith trademark filings target Chinese Amazon sellers through brand-name hijacking, keyword squatting, and insider schemes. A practical guide to TTAB remedies, preemptive filing, and Amazon appeal strategies.

May 4, 2026 10 min
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IP Strategy

Patent Agent Liability: Who Bears the Risk When Cross-Border Prosecution Goes Wrong?

When patent prosecution fails through missed deadlines, translation errors, or inadequate searches, the liability chain between Chinese applicants, intermediary firms, and US agents becomes critical. Examining the legal framework and risk allocation strategies.

May 4, 2026 11 min
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IP Strategy

Patent Going Global: The Starting Point for Chinese Enterprises Entering International Markets

A practitioner’s roadmap for Chinese enterprises: portfolio audits, PCT vs. Paris Convention routes, multi-jurisdictional claim strategy, realistic budget planning, and practitioner selection criteria.

May 4, 2026 12 min
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NEW · RULE CHANGE
USPTO Practice

No More Exceptions: The USPTO’s Final Rule Requiring U.S. Practitioner Representation for Foreign Applicants

Effective ~July 18, 2026: foreign patent applicants must be represented by a registered U.S. practitioner for all post-filing activity. Full breakdown of requirements, the ADS trap, defined exceptions, cost data, and what it means for Chinese firms.

Apr 11, 2026 12 min
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Claim Construction

“Generally,” “Substantially,” and “Attached”: The Federal Circuit’s Lesson on Claim Modifier Language

The Federal Circuit reversed on all three disputed terms in Dürr v. EFC. What the decision teaches about approximation modifiers, structural relationship terms, prosecution disclaimer scope, and claim differentiation —in a single case.

Apr 11, 2026 10 min
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USPTO Practice

Why Your Patent Abstract Matters More Than You Think: USPTO vs. EPO

Most practitioners treat the abstract as an afterthought. We argue that in cross-border prosecution —particularly when the same family is filed at both USPTO and EPO —the abstract's language can have downstream consequences for claim interpretation and prosecution history estoppel.

Mar 20, 2026 6 min
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Office Action

Navigating § 112(a) New Matter Issues: A Practical Prosecution Guide

New matter rejections remain among the most technically demanding challenges in prosecution. This guide walks through the doctrinal framework from Ariad v. Eli Lilly and MPEP § 2163, with practical strategies for responding when the examiner has drawn a narrow interpretation of the original disclosure.

Mar 5, 2026 11 min
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Patent Translation

The Art of Patent Translation: Beyond Language into Legal Precision

A technically accurate translation can still fail in prosecution if the translator lacks familiarity with US claims practice. We examine what distinguishes legal-grade translation from language conversion —and why Chinese patent applicants need practitioners who understand both systems.

Feb 17, 2026 8 min
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Office Action

How to Respond to a USPTO Final Office Action Without Abandoning Claims

A Final Office Action doesn't have to mean the end of the road. This article compares the strategic tradeoffs between filing an RCE, an After-Final Amendment, a Pre-Appeal Brief Request, and a Notice of Appeal —helping practitioners choose the right path based on rejection type and claim scope goals.

Jan 28, 2026 10 min
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EPO Practice

EPO Opposition Strategy: Building a Winning Prior Art Portfolio

EPO oppositions are won or lost on the quality of prior art selection and the framing of inventive step arguments under the Problem-Solution Approach. This article outlines how to systematically build a prior art portfolio and structure Art. 56 EPC arguments that survive oral proceedings.

Jan 10, 2026 13 min
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IP Strategy

PCT Strategy for Chinese Applicants: Maximizing Value at the National Phase

The PCT framework offers strategic leverage that many Chinese applicants underutilize. This article examines how to use the International Search Report, IPRP, and voluntary amendments under Rule 161 to shape claim scope before entering the US and European national phases.

Dec 15, 2024 9 min
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Case Analysis

Lululemon v. Costco: How Layered IP Protection Creates a Brand Moat

Lululemon's lawsuit against Costco —design patents, registered trademarks, and trade dress combined in a single action —is a textbook case study in layered IP strategy. Direct lessons for Chinese brands building defensible market positions in the US.

Jul 5, 2025 10 min
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