Invitation for Public Comments on Draft Standard Essential Patents Guide
Summary
The Japan Patent Office (JPO) has released a draft revision of its "Guide to Licensing Negotiations involving Standard Essential Patents" and is inviting public comments. The revision addresses recent judicial precedents and industry disputes, with a comment deadline of June 8, 2022.
What changed
The Japan Patent Office (JPO) has issued a draft revision of its "Guide to Licensing Negotiations involving Standard Essential Patents" and is soliciting public comments. This revision aims to incorporate recent judicial precedents and address emerging disputes within various industries. Key changes highlighted include references to "Good Faith Negotiation Guidelines for Standard Essential Patent Licenses," the relationship between providing claim charts and bad faith, and considerations for parties to negotiation within the supply chain and international jurisdiction.
This is a consultation period, and interested parties were invited to submit comments and reasons in either Japanese or English by June 8, 2022. While comments may be made public, personal information will be kept confidential unless explicit consent is given. The JPO will not respond to individual comments, and not all comments may be adopted in the final guide.
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Mar 29, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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Invitation for Public Comments on the Draft of "Guide to Licensing Negotiations involving Standard Essential Patents"
May 9, 2022
Japan Patent Office
In response to the accumulation of judicial precedents and surfacing of disputes between different industries, the JPO conducted research and study and considered the revision of "Guide to Licensing Negotiations involving Standard Essential Patents". The JPO has organized the draft revision of "Guide to Licensing Negotiations involving Standard Essential Patents" and invite public comments as outlined below.
*** This invitation for public comments has been closed. Thank you for your cooperation.**
1. Subject on which comments are invited
Draft Revision of "Guide to Licensing Negotiations involving Standard Essential Patents"
(English (PDF: 523KB) / Japanese (PDF: 849KB))
2. Due date (CLOSED)
Please send your comments before 18:00, June 8, 2022 (Japan time).
Post
Please send your comments by June 8, 2022 (Japan time).
3. Submission of comments
Please provide your comments and the reasons in either Japanese or English.
Please specify headings in the draft to which your comments relate. This is for convenience of organizing your comments.
Please provide your name and affiliation (individuals, companies, or groups). In the case of companies or groups, include your department name and title. Please also provide your contact information (address, phone number, and e-mail address). Your comments should be submitted via one of the following methods:
PA0920@jpo.go.jp
Please use "SEP Guide Comments" in the subject line.
If the size of your attachment exceeds 10 MB, please divide it because there is a restriction on the receivable file size.
Post
Send your document to the address of:
Policy Planning and Research Division
Policy Planning and Coordination Department
Japan Patent Office
3-4-3 Kasumigaseki
Chiyoda-ku Tokyo 100-8915, Japan
On the outside of the envelope, please write: Attention: SEP Guide Comments
4．Reference
Major changes in the draft revision are
- Recent developments in SEPs and Background to revision
- Reference to “Good Faith Negotiation Guidelines for Standard Essential Patent Licenses”（METI, Japan, 2022）
- Relationship between provision of claim charts and bad faith (Statements that provision of claim charts is common are maintained)
- Parties to negotiation in supply chain
- International jurisdiction
5. Notes
- Comment contents may be made public. However, we will not disclose your name, affiliation and contact information to the public without your explicit consent.
- Personal information included with your comments, such as your name and contact information, will be kept confidential and used only for administrative purpose such as contacting you when we have questions concerning your comments.
- Not all comments will necessarily be adopted in the guide.
- We will not respond to individual comments. [Last updated 8 June 2022]
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| Policy Planning and Research Division
Policy Planning and Coordination Department
Japan Patent Office
TEL: 81-3-3581-1101 (ex. 2152)
E-mail: PA0920@jpo.go.jp |
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Address:3-4-3 Kasumigaseki, Chiyoda-ku Tokyo 100-8915, Japan Copyright © Japan Patent office. All Rights Reserved.
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