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DOJ Considers Limiting Patent Rights on Industry Standards

Dec. 7, 2021, 12:08 AM

The Justice Department said it’s developing a new policy that would alter a 2019 Trump administration stance on patents on industry standards developed so products can work together and is seeking public comments through Jan. 5 on the issue.

  • The 2019 policy made clear that owners of standard-essential patents are entitled to seek court orders blocking others from using their inventions if negotiations fail
  • The draft omits that and instead says that “monetary remedies will usually be adequate to fully compensate a SEP holder for infringement”
  • Biden administration officials have spoken of the need to take action against patent owners ...