GovWire

Guidance: International Signposting

Intellectual Property Office

July 22
11:41 2024

Introduction

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 internationally.

International IP Service

  • the webpage International IP service 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 Patents USPTO webpage

Protecting your patent abroad

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.

International jurisdictions/institutions information on SEPs

Some international jurisdictions/institutions have created their own resources to provide information on SEPs. A non-exhaustive list signposting to these international resources is below.

European Commission:

European Patent Office (EPO):

Japanese Ministry of Economy, Trade and Industry (METI):

Japan Patent Office (JPO):

JPO have a Standard Essential Patents Portal Sitewhich includes information on:

  • JPOs published 2nd edition of the Guide to licensing negotiations involving SEPs. 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
  • JPOs Hantei (Advisory Opinion) for Essentiality Check. This is JPOs 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 withdrawal statement can be found in this webpage
  • in 2023 the US Government published its National Standards for critical and emerging technology. This strategy outlines how the US Government plans to strengthen US leadership and competitiveness in international standards development
  • The A-119 is the U.S Governments strategy-setting for standards development. It promotes agency participation in standard-setting bodies, specifies reporting requirements on confor

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