The Justice Department’s Antitrust Division, U.S. Patent and Trademark Office (USPTO), and the National Institute of Standards and Technology (NIST) are extending the period for receiving comments on the Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to F/RAND Commitments, released on Dec. 6. The agencies are extending the comment period from 30 to 60 days, with comments now being accepted until Feb. 4, 2022. The agencies extended the comment period to give all stakeholders more time to provide input on the new draft policy statement, which seeks to promote good-faith licensing negotiations and addresses the scope of remedies available to patent owners that have agreed to license their essential technologies on reasonable and non-discriminatory or fair, reasonable and non-discriminatory (F/RAND) terms.

Interested parties, including attorneys, economists, academics, consumer groups, industry stakeholders or other members of the public, may submit public comments to until Feb. 4, 2022. Information about the draft revised statement can also be found on the Antitrust Division’s website.

Updated December 13, 2021