The USPTO has announced a partnership with WIPO concerning utilizing
alternative dispute resolution for SEP disputes. The Press Release states:
The United States Patent and Trademark Office (USPTO) and the
World Intellectual Property Organization (WIPO) today agreed to
undertake joint efforts to facilitate the resolution of disputes related to
standard essential patents.
Standard essential patents, or SEPs, are patents that have
been declared essential to a given technical standard. As part of the
standards-setting process, patent owners may agree to license SEPs on fair,
reasonable, and nondiscriminatory (FRAND) terms. Standards touch all aspects of
modern life and include video compression, wireless communication technologies,
computer connection standards, automotive technology, and more.
“International standards, and the role of patents that are
essential to them, play an important role in promoting a strong national and
global economy,” said Under Secretary of Commerce for Intellectual Property and USPTO Director
Kathi Vidal. “The USPTO is grateful that Director General Tang
recognized the USPTO’s leadership role in advancing discussions on
standard essential patent policies. Our work with WIPO underscores the USPTO’s
view that SEP policy is an international issue of international
importance. This agreement will leverage existing resources at both
the USPTO and WIPO, supporting options to enhance the efficiency of
licensing of standard essential patents, and promote resolution of disputes
related to those standards.”
The signing of the memorandum of understanding occurred
during a meeting this week between Director Vidal and WIPO Director General
Daren Tang on the sidelines of WIPO’s General Assembly in Geneva, Switzerland.
Under the terms of the agreement, the USPTO and
WIPO will:
- Cooperate on activities that will lend efficiency and
effectiveness to the resolution of disputed standard essential patent
matters by leveraging existing WIPO Arbitration and Mediation Center
and USPTO resources, and
- Engage in stakeholder outreach to raise awareness of
the services provided by the WIPO Arbitration and Mediation Center through
joint USPTO-WIPO programs.
The agreement will continue in operation for five years from
the date of signing.
“We appreciate all the work Director General Tang and WIPO
have done in this critical area. We look forward to a successful collaboration
and engaging stakeholders to ensure we shape dispute resolution that will
facilitate participation and implementation of standards by all innovators
including small to medium-sized enterprises,” remarked Director Vidal.
“Alternative Dispute Resolution (ADR) has time and again
demonstrated its value in the efficient and timely resolution of commercial
disputes. In the last few years, the WIPO Arbitration and Mediation Center has
been facilitating the resolution of SEP-related disputes and the new
collaboration with the USPTO is an exciting development which will
contribute to improving the efficiency of standard implementation,” noted
Director General Tang.
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