Regulatory and Legislative Trends Impacting Standard Essential Patents (SEPs) In the United States and Europe

Co-authored by Natalie Raffoul, John Donch Jr, Peter Toto and Stéphane Tronchon

Standard Essential Patents (SEPs) are patents that cover technologies that are essential to the implementation of voluntary industry standards. These patents play a crucial role in promoting innovation and the writing of standards containing these innovations enables interoperability among different products and services competing on the market. However, the licensing and rate setting processes for SEPs, which are handled outside of the standard setting process, have been subject to significant scrutiny and debate. In addition to court decisions, regulatory and legislative trends are shaping the landscape for patent owners and implementers of SEPs. This explores recent and predicted regulatory and legislative developments impacting SEPs in the United States, Europe, and globally, while considering the perspectives of both patent owners and implementers of SEPs.

Posted with permission from the December 2023 issue of les Nouvelles ©2023 Licensing Executives Society International (LESI) Further duplication without permission is prohibited. All rights reserved.