How the UKIPO's SEP Proposal Misunderstands the Real Problem
Briefly

How the UKIPO's SEP Proposal Misunderstands the Real Problem
"A couple of years ago we wrote about how the European Commission (EC) was using concerns over an alleged lack of "transparency" and "hold-up" to justify a proposed regulatory framework for governing patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing, which proposed framework was abandoned earlier this year. Notably, the EC expressed particular concern for small and medium-sized enterprises (SMEs) wanting to implement standardized technology."
"Subsequent to the EC's proposal, the Commerce Department and United States Patent and Trademark Office (USPTO) released a notice titled "Joint ITA [International Trade Administration], NIST [National Institute of Standards and Technology], and USPTO Collaborative Initiative Regarding Standards; Notice of Public Listening Session and Request for Comments" ("Notice"), which similarly expressed concern for SMEs. Harfang IP made a public submission in response to this Notice and further wrote about the initiative here (see "Policy" section)."
European Commission raised concerns about an alleged lack of "transparency" and "hold-up" to justify a proposed regulatory framework for patents subject to Fair, Reasonable and Non-Discriminatory (FRAND) declarations; that proposed framework was abandoned earlier this year. The EC expressed particular concern for small and medium-sized enterprises (SMEs) wanting to implement standardized technology. The U.S. Commerce Department and USPTO released a Notice titled "Joint ITA, NIST, and USPTO Collaborative Initiative Regarding Standards; Notice of Public Listening Session and Request for Comments" that similarly expressed concern for SMEs. Harfang IP submitted a public response to that Notice and published additional commentary. The UK Intellectual Property Office launched a July consultation on standard essential patents aiming to create a more balanced system and emphasized protecting SME interests.
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