https://www.newsweek.com/biden-helping-china-plunder-american-tech-companies-opinion-1697054
The Biden administration has proposed a technical—but critical—change to U.S. patent policy that could have been drafted in Beijing. In fact, a Chinese front organization has formally endorsed the proposal, which will gut protection for an especially important type of American patents.
Last December, the Antitrust Division of the Department of Justice, along with the U.S. Patent and Trademark Office and the National Institute of Standards and Technology, issued the Draft Policy Statement on Licensing Negotiations and Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments.
The Draft Policy, according to the Justice Department, would lead to “widespread and efficient licensing” by holders of standards-essential patents (SEPs) and thereby “promote technology innovation, further consumer choice and enable industry competitiveness.”
As the Center for Strategic and International Studies notes in its public comment on the Draft Policy, the Justice Department promotes the change “as an effort to encourage good-faith licensing negotiations.”
Standards are the technical specifications that “shape” products, services and processes. SEPs, which protect the technology included in standards, safeguard American economic leadership. SEPs defining 5G communications are held by American companies, for instance. Standards are a hotly contested tech battleground between the U.S. and China.