International Signposting
This section of the SEPs Resource Hub signposts to international SEPs-specific information, including for the purposes of patent applications.
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The global nature of standard essential patents (SEPs) is explored throughout the guidance chapters of the SEPs Resource Hub. To navigate the SEPs ecosystem more efficiently, UK businesses may find it useful to have an awareness of the international resources available, should they wish to seek protection of a SEP internationally and/or learn what information on SEPs is available from international jurisdictions. This section of the SEPs Resource Hub provides a list of additional resources in relation to applying for a patent internationally and specific SEP related literature provided by other international jurisdictions and institutions, which may be useful.
International intellectual property signposting
The Intellectual Property Office (IPO) offers a variety of information about protecting your intellectual property (IP) globally. Below are links to information on the international IP services available and how you can protect patents abroad, should you wish to understand more about protecting your SEP 颈苍迟别谤苍补迟颈辞苍补濒濒测.听
International IP Service
- the webpage International IP service 聽provides guidance created by the IPO for protecting your IP abroad, including a list of IP country guides to manage IP in a variety of overseas territories
- information on protecting your patent in North America is not included in the above webpage. If you wish to learn more about the patent process in North America the United States Patent and Trademark Office (USPTO) offers information to apply, maintain and search for patents registered by the USPTO. Further detail can be found using the webpage
Protecting your patent abroad
- the webpage Protecting your patent abroad includes detailed information on the should you wish to protect a patent in more than 30 countries in Europe
- the Protecting your patent abroad webpage also includes information on the Patent Cooperation Treaty (PCT), should you wish to protect your patent in a variety of international countries. The PCT now has 157 contracting states, a list of whom can be found on the webpage. Further information on the PCT system can be found on the WIPO 听飞别产辫补驳别
The IPO strongly recommend if you do wish to protect your IP abroad you seek advice from an IP attorney, legal or other professional advisor. 聽
International jurisdictions/institutions information on SEPs听听
Some international jurisdictions/institutions have created their own resources to provide information on SEPs.聽 A non-exhaustive list signposting to these international resources is below.聽
European Commission:
- in 2023, the European Commission published its 聽Section 7 specifically refers to standardisation agreements
European Patent Office (EPO):
- in 2021, the EPO updated its 听飞别产辫补驳别 regarding patents and standards. The webpage provides information on how EPO patent examiners review standards documents within the patent examination procedure and signposts to the for further information
Japanese Ministry of Economy, Trade and Industry (METI):
- the Japanese Ministry of Economy, Trade and Industry (METI) has established the听听
- the Japanese government has provided the guidelines for SEP holders and implementers to follow when they are involved in SEP licensing negotiations
Japan Patent Office (JPO):
JPO have a 聽which includes information on:
- JPO鈥檚 published 2nd edition of the 鈥楪uide to licensing negotiations involving SEPs鈥�. JPO states the purpose of the guide is to enhance transparency and predictability, facilitate negotiations between rights holders and implementers and help prevent or quickly resolve disputes concerning the licensing of SEPs
- JPO鈥檚 鈥淗antei鈥� (Advisory Opinion) for Essentiality Check. This is JPO鈥檚 essentiality service where participants can ask JPO for an opinion on the essentiality of a SEP
- links to the studies JPO have carried out of domestic and overseas developments of SEPs
United States Patent Trademark Office (USPTO):
- USPTO in December 2019 released a Policy Statement on remedies for SEPs, however in June 2022 the USPTO withdrew this policy statement. The full can be found in this webpage
- in 2023 the US Government published its for critical and emerging technology. This strategy outlines how the US Government plans to strengthen US leadership and competitiveness in international standards development
- is the U.S Government鈥檚 strategy-setting for standards development. It promotes agency participation in standard-setting bodies, specifies reporting requirements on conformity assessment activities, and informs agencies of their statutory obligations related to standards setting
World Intellectual Property Organisation (WIPO):聽
- WIPO offers a variety of聽alternative dispute resolution (ADR) services, with a focus on disputes concerning the determination of fair, reasonable and non-discriminatory (FRAND) terms. WIPO鈥檚 聽 webpage聽signposts to the various WIPO ADR services available, and some of the cases it has been involved with
- in 2024 WIPO published a three-year strategic plan regarding SEPs. The 聽provides detail of WIPO鈥檚 current activities and upcoming planned work regarding SEPs
- WIPO have a dedicated webpage where they provide information on SEPs and standards, Fair, Reasonable and Non-Discriminatory Licensing and signpost to WIPOs ADR services
Competition and Consumer Commission of Singapore (CCCS):
- the CCCS produced 聽which reflects how they expect the interaction between intellectual property rights (IPRs) and competition law to operate under Singapore鈥檚 Competition Act 2004
New Zealand Commerce Commission:
- the Commerce Commission of New Zealand have drafted
- a refusal to licence during a SEPs and FRAND licensing negotiation is one of the examples in the Guidelines
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This international signposting information is for guidance purposes only. It does not constitute legal, business, financial or other professional advice and should not be relied upon when taking IP related, business, legal or other decisions. The IPO is not responsible for the use that might be made of this information. Appropriate professional advice should be sought. This international signposting resource is not a substitute for proper legal advice. Every effort is made to ensure that the information provided is accurate and up to date as at the time of publication, but no legal responsibility is accepted for any errors or omissions (including on third party websites). 聽
The IPO provides guidance on how to find Specialist and Legal IP 厂耻辫辫辞谤迟:听