Public comment needed on U.S. draft policy statement

The Biden Administration’s Department of Justice has asked for public comment on a new draft policy statement on the treatment of standards-essential patents (SEPs) – patents for core technologies that must operate on certain shared standards, such as WiFi connections and USB ports. The Administration’s draft policy would undermine the rights of patent owners and make it harder for them to protect their innovations from infringement. That would benefit the Big Tech companies who are pushing for this change, but the result would be less innovation in the United States. Weakening U.S. patent protection is a gift to China, the largest consumer of SEP-based technology.

The Department of Justice is accepting public comment on its draft policy statement until February 4, 2022. Please fill out the form at to submit your comment and urge the administration to support patent owners and American innovation.