There is so much going on in the world of SEPs and SEP policy right now that it is hard to keep up. So, in a departure from my normal deeper dive posts, today’s post is a summary of a few recent SEP related government actions.
Implementation Roadmap for the U.S. government’s “National Standards Strategy for Critical and Emerging Technology”
Just in time for this election cycle, the Biden-Harris administration has released the Implementation Roadmap[1] for the U.S. Government’s May 2023 National Standards Strategy for Critical and Emerging Technology (USG NSSCET).[2] The roadmap and summary emphasize that the U.S. government believes first and foremost that standards should be developed by private industry, but should be created using processes that are transparent, inclusive and reflect the U.S.’ commitment to free and fair market competition.
Nonetheless, the U.S. does see a role for government to play, through numerous agencies in a “Whole-of-Government Effort”, in order to: (a) engage with international partners on fair standards development, adoption and coordination and (b) strengthen and support U.S. competitiveness, innovation and national and economic security through standards related policies and actions.
The stated goals of the roadmap include:
(i) Enhancing coordination between all stakeholders, including the federal government, public and private sectors, academia and foreign governments;
(ii) Providing funding for research and development and pre-standardization coordination;
(iii) Improving education and communication about standards; and
(iv) Removing barriers to participation.
These are laudable goals but, even better, there are many concrete actions set out in the roadmap that stem from comments received during the comment period.
Here are some of the activities and roles that will be (or already have been) implemented:
(a) the National Institute of Standards and Technology (NIST) will establish and operate a Standardization Center for Excellence;
(b) the Department of Commerce will use part of the CHIPS Act funding to support effective technical standards;
(c) the U.S. Patent and Trademark Office (PTO) will partner with foreign agencies to “forge alliances and collaborate toward enhanced efficiencies in standards essential patent licensing markets”;
(d) the National Telecommunications and Information Administration (NTIA) will coordinate with the private sector and other agencies to represent the U.S. at the International Telecommunication Union (ITU) and to “catalyze research, development, and adoption of open, interoperable, standards-based next-generation wireless networks”;
(e) the International Trade Administration and Department of State will continue to work with other countries to promote “the use of international standards and best practices for the development of standards for emerging technologies” and to expand the number of countries that are aligned with the US vision;
(f) the Department of Defense, working with NATO and others, will coordinate the development and implementation of standards to support defense capability and interoperability;
(g) The Department of Transportation will “continue to support advancement of standards benefitting safe, efficient, and interoperable transportation in cooperation with public and private sector stakeholder communities”;
(h) The Department of Energy will continue its leadership in standards related to energy, environmental and nuclear concerns.
(i) Even the FBI gets a role - it is expected to engage with domestic and international partners to further public safety standards, including providing input on emergency and law enforcement needs in communications standards.
Now, some of these roles already were being undertaken by the relevant agencies. But, the rumor mill has it that the current administration recognizes that U.S. leadership in this highly strategic area has slipped. In my view, the most important component of the roadmap is that it reflects a renewed commitment by the United States government to support and encourage a greater U.S. role in world-wide standards development, innovation and participation. A highly welcome change that I hope will be fully implemented.[3]
2. The U.K. government’s establishment of a SEPs Resource Hub
Continuing this theme of greater government involvement in standards related issues, the U.K.’s Intellectual Property Office has just established a “SEPs Resource Hub.”[4] The stated purpose of the Hub is to collect “guidance and signposting information to help UK businesses navigate the SEPs ecosystem.” Having reviewed the posted materials, I am not sure that it will be particularly useful for entities facing a current SEP licensing demand. But it does contain a good basic overview of standards, standards bodies, SEPs and SEP licensing for people who do not know much about the system. Despite being relatively high-level, it is at least a step in the right direction.
[1] See my previous posts on this: Input on the United States Government National Standards Strategy for CET - Part 1 (sepessentials.com); Input on the United States Government National Standards Strategy for CET - Part 2 (sepessentials.com); and Update on the U.S. Request for Information - National Standards Strategy for CET (sepessentials.com)
[2] See also the FACT SHEET: Implementing the National Standards Strategy for Critical and Emerging Technology | The White House which summarizes the roadmap.
[3] Hard to say how the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo will impact the ability of these agencies to pursue and implement the document’s goals, or how this plan might change in the event of a Trump administration.
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