Posted on 04/24/2022 8:27:32 PM PDT by SeekAndFind
The Biden administration has proposed a technical—but critical—change to U.S. patent policy that could have been drafted in Beijing. In fact, a Chinese front organization has formally endorsed the proposal, which will gut protection for an especially important type of American patents.
Last December, the Antitrust Division of the Department of Justice, along with the U.S. Patent and Trademark Office and the National Institute of Standards and Technology, issued the Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.
The Draft Policy, according to the Justice Department, would lead to "widespread and efficient licensing" by holders of standards-essential patents (SEPs) and thereby "promote technology innovation, further consumer choice and enable industry competitiveness."
As the Center for Strategic and International Studies notes in its public comment on the Draft Policy, the Justice Department promotes the change "as an effort to encourage good-faith licensing negotiations."
Standards are the technical specifications that "shape" products, services and processes. SEPs, which protect the technology included in standards, safeguard American economic leadership. SEPs defining 5G communications are held by American companies, for instance. Standards are a hotly contested tech battleground between the U.S. and China.
America's ability to develop new technologies is only as strong as its patents, and patents are only as strong as the rights of patent holders. The Draft Policy makes it extremely difficult, perhaps nearly impossible, for SEP holders to get federal court-ordered injunctions stopping uses of infringing products. The proposed change would even prevent the U.S. International Trade Commission from halting the importation of foreign infringing products.
"The Draft Policy statement goes further than prior statements removing any leverage for SEP holders in license negotiations by expressly saying that monetary damages will usually fully compensate a SEP holder for infringement,"
(Excerpt) Read more at newsweek.com ...
C’mon, man! It’s not like he’s changing oversight of nuclear weapons technology such as MIRVs and ICBM guidance systems to make it easy for China to get that stuff.
China is sure getting it’s money’s worth.
Patent holders that help set a standard should have a duty to disclose their patent interest in the proposed standard.
10% to the Big Guy.
I’ve filed for three inventions. A near total waste of my time and money.
Except for chemical and drug inventions, patents should be banned as mere legal landmines.
China gets to make almost all new patented items because it is the manufacturing powerhouse of the world.
He’s been their number one employee for 30 years straight.
The transistor and electronic color television were subject to compulsory licenses.
Music is typically subject to compulsory licensing.
The 35 USC 103 obvious standard should be changed to or complemented by an inevitable discovery standard.
If something is not obvious in 2022 but would inevitably be discovered by 2025 it is not sensible to hand out a 20-year monopoly on that something.
“Biden Is Helping China Plunder American Tech Companies”
But hey, at least no more mean tweets!!
There are million of patents in force.
It is easier for me to think than to wade through and comprehend mind-numbing stacks of patents.
What could Putin do to us that Biden and the left aren’t doing now?
The bigger problem here is that these should not be policy decisions. Congress must decide the laws on intellectual property, and it must ratify any treaty (or changes to existing ones).
John Kerry actively worked to move U.S. tech production to China in the late 90’s. Biden just getting in on the money making act.
Way-way-way-wait! Newsweek is publishing an article 1) by Gordon Chang that is 2) critical of Bidenia?
Are there pigs flying at my windows?
It was the free traitors who did this. Biden is the result, not the cause.
Thanks to the free traitors, they're paying for it with our money.
Not just tech companies...
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