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Japan Patent Office Announcement for release of "Guide to Licensing Negotiations Involving Standard Essential Patents"

Japan Patent Office (JPO) today released “The Guide to Licensing Negotiations Involving Standard Essential Patents.”

The Guide aims to enhance transparency and predictability, facilitate negotiations between rights holders and implementers (patent users), 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 similar technologies.

In formulating the Guide, we invited proposal submissions between September 29 and November 10, 2017, receiving around 50 responses from Japan and abroad. We also called for public comments between March 9 and April 10, 2018, receiving around 50 comments from Japan and abroad. In addition, we engaged in discussions with representatives from industry, academia and law, who offered many valuable comments and insights. The content of this Guide owes much to these inputs.

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.”

Public comments:

Release date

June 4, 2018

Division in Charge

Legislative Affairs Office, Japan Patent Office

Ministry of Economy, Trade and Industry1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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