Announcement for revision of “Guide to Licensing Negotiations involving Standard Essential Patents”

Japan Patent Office (JPO) today released the Revision of “The Guide to Licensing Negotiations involving Standard Essential Patents.”

The Guide was formulated in 2018 to enhance transparency and predictability, facilitate negotiations between rights holders and implementers, and help prevent or quickly resolve disputes concerning the licensing of standard essential patents (“SEPs”) which are essential in implementing standards in the field of wireless communications and the like.

In revising this Guide, we established a study group of experts in FY2021 to conduct research and study and to prepare a draft revision by conducting interviews with around 40 people in Japan and abroad. Subsequently, we called for public comments in early summer of 2022, receiving around 20 comments were received from Japan and abroad. In addition, we held JPO SEP Symposium 2022 and discussed with representatives from industry, academia and law, who offered many valuable comments and insights.

This Guide has been established with those involved in the discussion of standard essential patents.

With the environment surrounding SEP licensing negotiations continuing to transform, we plan to review and revise this Guide as appropriate in an open and transparent process so that it continues to evolve and remains “living.”

The Revised Guide to Licensing Negotiations involving Standard Essential Patents

• English (PDF:922KB)
• Japanese (PDF:2,016KB)

Public comments:

Responses to comments are summarized. As for the paragraph number, please refer to the Track changes below.

• Responses to comments received in English (PDF:379KB)
• Responses to comments received in Japanese (PDF:402KB)

(Reference) Track changes from the Draft Revision

After announcing the revised proposal, we have left the updated parts visible based on the opinions received in public comments.

• English (PDF:561KB)
• Japanese (PDF:1,798KB)

[Last updated 20 July 2022]

Contact
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