June 8, 2022 – Washington, DC – Today, Save Our Standards issued the following statement regarding a joint announcement by the United States Department of Justice (DOJ), Patent and Trademark Office (PTO), and National Institute of Standards and Technology (NIST) of their withdrawal of the 2019 Policy Statement on Remedies for Standard-Essential Patents (SEPs) Subject to Voluntary F/RAND Commitments:
“The withdrawal of the 2019 Policy Statement is a positive step toward fostering a fair and transparent licensing system for SEPs. The 2019 statement marked a significant setback in the enforcement of voluntary commitments by SEP holders to license their patents on a fair, reasonable, and non-discriminatory (FRAND) basis to all innovators regardless of their size or position in the competitive landscape. It was encouraging that the 2021 draft patent policy statement from the agencies reflected a more balanced and positive approach than the 2019 statement. A recent analysis of comments to the agencies regarding that draft policy statement found a large majority of U.S. companies from small to large and across a variety of industries, support reasonable limits on remedies for SEP owners who voluntarily commit to license on FRAND terms.
“We are encouraged by the statements from DOJ that the agency will continue to use its enforcement discretion to investigate anticompetitive tactics in SEP licensing. We urge DOJ and other enforcement agencies to continue examining abusive practices by SEP holders and the impact on competition, as outlined in the Biden Administration’s Executive Order on Competition. Save Our Standards believes the withdrawal of the 2019 Policy Statement will pave the way for a return to a balanced licensing system that will increase competition across a range of Internet of Things industries and continue to position the U.S. as a global leader in the creation of voluntary, consensus-based standards setting.”
About Save Our Standards
Save Our Standards is a multi-sector coalition dedicated to reinforcing the importance of a fair and transparent licensing system for standard-essential patents to enable competition and allow all innovators to thrive. To learn more, visit www.saveourstandards.com.