SEP Working Group to Continue USPTO's Efforts Supporting Injunctive Relief for SEP Owners

"On Monday, the U.S. Patent and Trademark Office (USPTO) announced that the agency has established a Standard-Essential Patent (SEP) Working Group to develop and deliver meaningful policy solutions on SEP-related issues. The working group, which will report to USPTO Director John Squires, will play a role in advancing the Office's engagement with patent remedies and enforcement in furtherance of the pro-innovation stance the agency has taken on SEP cases before the U.S. International Trade Commission (USITC) and in U.S. district court."

"Although technological standards form the backbone of many critical telecommunications and data networking technologies, the USPTO's press release noted that the SEP ecosystem has become increasingly hostile to patent owners in recent years. Courts around the world are awarding anti-suit injunctions and interim licenses that have led to favorable outcomes for standards implementers, often justifying those decisions based upon the SEP owner's fair, reasonable and non-discriminatory (FRAND) licensing obligations created but not enforced by the standard developing organization (SDOs)."

The U.S. Patent and Trademark Office established a Standard-Essential Patent Working Group reporting to Director John Squires to develop policy solutions on SEP issues. The group will advance the Office's engagement with patent remedies and enforcement, supporting a pro-innovation stance in USITC and district court SEP cases. The USPTO urged that injunctive relief remain available to SEP owners regardless of whether the owner practices the technology. The SEP ecosystem has become increasingly hostile to patent owners, with courts issuing anti-suit injunctions and interim licenses that often favor implementers. Regulators have proposed transparency frameworks, including a UKIPO consultation proposing an administratively determined Rate Determination Track that drew criticism for increasing burdens on SEP owners.

Read at IPWatchdog.com | Patents & Intellectual Property Law