WASHINGTON — The Department of Justice, the U.S. Patent and Trademark Office (USPTO) and the National Institute of Standards and Technology (NIST) announced today the withdrawal of the 2019 Policy Statement on Remedies for Standards-Essential Patents (SEPs) Subject to Voluntary F/RAND Commitments. After considering public input on the 2019 statement and possible revisions, the agencies have concluded that withdrawal of the 2019 statement is the best course of action for promoting both competition and innovation in the standards ecosystem.
On Jan. 8, 2013, the Antitrust Division of the Department of Justice and the USPTO issued a Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments. On Dec. 19, 2019, the agencies withdrew the 2013 statement and issued the 2019 statement, which offered the views of the agencies and expressly recognized that it had “no force or effect of law.”
In response to the Executive Order on Promoting Competition in the American Economy, on Dec. 6, 2021, the agencies issued a Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments and a request for public comments. After a review of those comments and a collaborative deliberation on how best to proceed, the agencies are announcing the withdrawal of the 2019 statement.
“The withdrawal of the 2019 Statement will stre ..
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