Invitation for Public Comments on the Draft of "Guide to Licensing Negotiations involving Standard Essential Patents"

May 9, 2022
Japan Patent Office

In response to the accumulation of judicial precedents and surfacing of disputes between different industries, the JPO conducted research and study and considered the revision of "Guide to Licensing Negotiations involving Standard Essential Patents". The JPO has organized the draft revision of "Guide to Licensing Negotiations involving Standard Essential Patents" and invite public comments as outlined below.

* This invitation for public comments has been closed. Thank you for your cooperation.

1. Subject on which comments are invited

Draft Revision of "Guide to Licensing Negotiations involving Standard Essential Patents"
(English (PDF: 523KB) / Japanese (PDF: 849KB) )

2. Due date (CLOSED)

E-mail

Please send your comments before 18:00, June 8, 2022 (Japan time).

Post

Please send your comments by June 8, 2022 (Japan time).

3. Submission of comments

Please provide your comments and the reasons in either Japanese or English.

Please specify headings in the draft to which your comments relate. This is for convenience of organizing your comments.

Please provide your name and affiliation (individuals, companies, or groups). In the case of companies or groups, include your department name and title. Please also provide your contact information (address, phone number, and e-mail address). Your comments should be submitted via one of the following methods:

E-mail

PA0920@jpo.go.jp
Please use "SEP Guide Comments" in the subject line.
If the size of your attachment exceeds 10 MB, please divide it because there is a restriction on the receivable file size.

Post

Send your document to the address of:

Policy Planning and Research Division
Policy Planning and Coordination Department
Japan Patent Office
3-4-3 Kasumigaseki
Chiyoda-ku Tokyo 100-8915, Japan

On the outside of the envelope, please write: Attention: SEP Guide Comments

4．Reference

Major changes in the draft revision are

• Recent developments in SEPs and Background to revision
• Reference to “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses”（METI, Japan, 2022）
• Relationship between provision of claim charts and bad faith (Statements that provision of claim charts is common are maintained)
• Parties to negotiation in supply chain
• International jurisdiction

5. Notes

• Comment contents may be made public. However, we will not disclose your name, affiliation and contact information to the public without your explicit consent.
• Personal information included with your comments, such as your name and contact information, will be kept confidential and used only for administrative purpose such as contacting you when we have questions concerning your comments.
• Not all comments will necessarily be adopted in the guide.
• We will not respond to individual comments.

[Last updated 8 June 2022]

Contact Us

Policy Planning and Research Division Policy Planning and Coordination Department Japan Patent Office TEL: 81-3-3581-1101 (ex. 2152) E-mail: PA0920@jpo.go.jp