On November 18, 2025, China’s Ministry of Commerce (MofCom) responded to a reporter’s question regarding the USPTO’s recent Order to Show Cause in IPR2025-00098 and IPR2025-00099. The USPTO issued a Show Cause Order on November 10, 2025 requiring Yangtze Memory Technologies Company (YMTC) to justify why its IPR petitions against Micron’s U.S. patents should proceed despite being named on the Department of Commerce’s Entity List as an organization “reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States.”
Specifically, a reporter asked a MofCom spokesperson:
The U.S. Patent and Trademark Office recently issued a memorandum revising its transparency rules for patent invalidation applications, focusing on applications filed by companies with foreign backgrounds. It is understood that some Chinese companies have received notifications from the U.S. requiring them to state their reasons for applying for patent invalidation. What is the Ministry of Commerce’s comment on this?
The MofCom spokesperson replied:
China has noted that the U.S. recently amended its rules regarding patent invalidation under the pretext of “national security.” China believes that the U.S. action violates its international obligations related to intellectual property rights and constitutes discriminatory restrictions on the legitimate rights of Chinese companies. China will closely monitor developments and take necessary measures to resolutely safeguard the legitimate rights and interests of Chinese companies.
The original text from MofCom is here (Chinese only).
