UK and US launch SEP consultations
Both the UK Intellectual Property Office (IPO) and the US Patent and Trademark Office have launched public consultations on standard-essential patents (SEPs).
The IPO announced this morning, December 7, a call for views to gauge how the current SEPs framework encourages innovation and whether change is needed.
The call is prompted by the rise in the use of wireless technologies, including 3G, 4G and 5G, and with it a greater interest in licensing and use of standards, said the office.
The call for views looks to gather a wide range of evidence on the link between SEPs, innovation and competition, transparency in the SEP ecosystem, and the efficiency of SEP licensing and fair, reasonable and non-discriminatory (FRAND) litigation.
Tim Moss, chief executive of the IPO said: “We want to ensure the UK’s framework remains robust and continues to be regarded as one of the best in the world, while keeping pace with global developments and challenges around SEPs and FRAND licensing.”
The call for views will run for 12 weeks, closing on March 1 at 23:45. The UK Government will then assess the responses it receives and publish a summary of the responses.
These responses will help inform the government’s decision on how to develop the existing SEP framework.
Moss added: “The call for views will enable us to hear a broad range of views around the challenges faced by industry. It will help us better understand how our IP framework supports the SEPs ecosystem, while ensuring a fair balance is achieved between all entities involved, and the maximum benefit to UK innovation.”
This call is part of the UK’s Innovation Strategy, launched in July 2021 as a “starting point” for the government’s goal of becoming a global leader in innovation and reaching the target of research and development investment at 2.4% GDP.
Click here to respond and for more information.
US drafts SEPs policy
Yesterday, December 6, the US Department of Justice, alongside the USPTO and the National Institute of Standards and Technology asked for public comments on a new draft policy on SEP licensing and negotiations.
The draft policy hopes to promote “good faith licensing negotiations” as well as address remedies for SEP FRAND commitments.
The agencies are seeking public input on 11 questions, including whether the draft policy addresses “competition concerns” and whether the possibility of injunctive relief has been a significant factor in SEP negotiations.
The full list of questions can be found here.
The public will have until January 5, 2022, to submit comments, which will then be made publicly available on Regulations.gov.
Broadly, the strategy will address “four pillars”, including unleashing business, supporting people and skills, serving the needs of institutions and places, and stimulating missions and technologies.
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