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The US DoJ, PTO, and NIST publish a joint statement on future approach to standard essential patents and FRAND commitments

Unpacking the Flawed 2021 Draft USPTO, NIST, & DOJ Policy Statement on Standard-Essential Patents (SEPs)* Responding to a new draft policy statement from the U.S. Patent & Trademark Office (USPTO), the National Institute of Standards and Technology (NIST), and the U.S. Department of Justice, Antitrust Division (DOJ) regarding remedies for infringement of standard-essential patents (SEPs), a group of 19 distinguished law, economics, and business scholars convened by the International Center for Law & Economics (ICLE) submitted comments arguing that the guidance would improperly tilt the balance of power between implementers and inventors, and could undermine incentives for innovation. As explained in the scholars’ comments, the draft policy statement misunderstands many

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  • International Center for Law & Economics (Portland)

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Geoffrey Manne, The US DoJ, PTO, and NIST publish a joint statement on future approach to standard essential patents and FRAND commitments, 6 December 2021, e-Competitions December 2021, Art. N° 106073

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