USPTO Policy Statement on SEPs

Jan 2020

Policy Statement by the United States Patent and Trademark Office (USPTO), jointly with the National Institute of Standards and Technology (NIST) and the Department of Justice’s Antitrust Division, on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.  The statement makes clear that standards-essential patents (SEPs) should be treated no differently than any other patent, such that all remedies are available depending on the facts of a case.