On June 8, the Biden Administration announced a detente on the issue of standard essential patents (SEPs) through coordinated statements made by the United States Patent and Trademark Office (USPTO), Department of Justice Antitrust Division, and National Institute of Standards and Technology (NIST). The casual reader, or reader who only quickly glanced at the headlines, might be mistaken into believing the Biden Administration had declared war on SEP owners due to the Administration rescinding the 2019 Joint Policy Statement between the USPTO, DOJ and NIST that was biased in favor of the possibility of SEPs being like any other patent, with remedies for infringement possibly including injunctive relief. Those familiar with Administration’s efforts on SEPs will recall that a 2021 draft policy statement had been published, which swung heavily against patent owners and resurrected the debunked myth that patent owners engage in hold-up activities.
Recent Posts
- Massie to Reintroduce RALIA in Bid to Abolish PTAB
- Reddit Dubs Perplexity AI and Data Scraping Companies ‘Would-Be Bank Robbers’
- CAFC Gives Centripetal Another Shot at PTAB in Case Tied to APJ’s Alleged Bias
- Undermining Innovation: The Consequences of Closing the Rocky Mountain Regional USPTO Office
- Does the 2025 Version of PERA Indirectly Sanction Judicially Created, Non-Statutory ODP?
