Global Antitrust Institute Response to the ITA-USPTO-NIST Request for Information on Standards-Essential Patents

ABSTRACT:

The Global Antitrust Institute submits this response to the request for information (RFI) on standards-essential patents (SEPs) by the International Trade Administration (ITA), Patent and Trademark Office (USPTO), and National Institute of Standards and Technology (NIST). We review recent developments in SEP policy in the U.S., Europe and China. We recommend that, given their subject matter expertise in innovation and standardization, the USPTO and NIST continue to work closely with the U.S. Department of Justice on principles of SEP review, exercising their thought leadership on the importance of robust intellectual property protections and a continued commitment to the industry-led, voluntary, consensus-based approach to standards development. We likewise recommend that the USPTO reach out a collaborative hand to the European Patent Office on these issues, and the Department of Commerce lend support to the Office of the U.S. Trade Representative in furtherance of the goal of bringing China into compliance with the WTO Agreement on Trade-Related Intellectual Property Rights.