USPTO Launches Standard Essential Patent Working Group

The United States Patent and Trademark Office (USPTO) announced the launch of a Standard Essential Patent (SEP) Working Group to deliver meaningful policy solutions on SEP-related issues.

The SEP Working Group will be comprised of a cross-functional team co-chaired by Nicholas Matich, USPTO deputy general counsel for intellectual property law and solicitor, and Austin Mayron, USPTO senior legal advisor. It aims to ensure that patent holders “are treated fairly and that their rights receive strong and predictable enforcement wherever standards incorporate patented technologies,” according to the USPTO.

Three core objectives will guide the Working Group’s activities:

• Restoring robust remedies for patent holders: clarifying that valid patent rights, including SEPs, deserve strong and predictable enforcement
• Facilitating meaningful participation in standards development: exploring mechanisms to incentivize and enable broader participation in standard developing organizations (SDOs), particularly by small- and medium-sized U.S. enterprises
• Engaging stakeholders and promoting transparency across the innovation ecosystem: creating channels for dialogue with patent holders, implementers, SDOs, and other stakeholders to understand the challenges they face and identify solutions, and supporting these groups by developing resources to increase predictability in SEP licensing negotiations and standards development

The USPTO notes that the SEP Working Group will welcome and encourage input from stakeholders across the innovation ecosystem.

Read the USPTO news release: USPTO announces SEP Working Group