Prof. Mike Carrier submitted comments to the Department of Justice, U.S. Patent and Trademark Office, and National Institute of Standards and Technology on the Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.

The comment supports the draft policy statement, explaining how it presents a welcome return to the bipartisan balanced treatment of standard essential patents that—with the exception of the period from 2017 to 2020—has applied for the past two decades.

The comment discusses the statement’s balanced approach that (1) considers the potential abuses on both sides of the table, (2) provides an elaborate framework for good-faith negotiation, and (3) offers a strongly supported approach to remedies.

It concludes that the statement promises to play a crucial role in forging more robust standards development, with benefits for the U.S. economy and consumers.