A looming review of U.S. policy for patents covering standardized technologies such as cellphone communication shines a spotlight on an arcane but consequential area of law at a time when the technology innovation it fosters is a vital pillar of economic and national security.
The risks of getting this issue wrong are significant, yet recent hints from the Biden administration suggest a system with a long history of promoting innovation and consumer welfare is in jeopardy, not because it’s causing problems but because these standard-essential patents (SEPs) are the perpetual bogeyman of the intellectual property world.
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