The Japan Patent Office (JPO) Guide to Licensing Negotiations Involving Standard Essential Patents, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University


The GAI submitted comments in response to a public consultation by the Japan Patent Office (JPO) regarding its Draft Guide for SEP (standard-essential patent) Licensing Negotiations. The GAI comments encouraged the JPO to acknowledge the platform characteristics of standard-setting organizations (“SSOs”), which link technology innovators directly with technology implementers, and to recognize the key role of SSOs in determining how patents necessary to the provision of standardized products and services should be licensed. The comment also asked the JPO to accept that substantial flexibility is necessary for SSOs and parties engaged in SEP licensing, in light of the wide variation in technologies, standards, and the competitive conditions prevailing in affected markets.