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USPTO Alert

Comment period extended for draft policy statement on licensing negotiations and remedies for standards-essential patents subject to F/RAND commitments

The Department of Justice (DOJ) Antitrust Division announced yesterday that it, the United States Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST), have extended the Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to F/RAND Commitments comment period from 30 to 60 days. Comments will now be accepted until February 4, 2022.

Initially released on December 6, 2021, the draft statement seeks to promote good-faith licensing negotiations and addresses the scope of remedies available to patent owners that have agreed to license their essential technologies on reasonable and non-discriminatory or fair, reasonable, and non-discriminatory (F/RAND) terms.

The USPTO encourages stakeholders to submit comments on the draft statement to Regulations.gov.

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