If you were unable to join us in person at IPWatchdog Studios for Standards, Patents, & Competition Masters™ 2023, a part of the IPWatchdog Masters™ series, register now to watch the broadcast of The Role of Standardization for Critical and Emerging Technologies panel. This panel was recorded on November 14, 2023.

From computers and smartphones to automobiles and video, societies rely on technology standards for everyday life. Standards define the requirements that make it possible for mobile phones sold in different countries to communicate across the world, for bank cards issued by one bank to be recognized at ATMs around the world, and WiFi enabled devices to wirelessly communicate with one another regardless of manufacturer. Simply put, standards enable technologies that are safe, universal, and interoperable, allowing implementers to incorporate the best technology created by innovators while maximizing cross-platform operation.

Telecommunications, including networks, video and audio, is a well-known and saturated standard essential patent marketplace. But there are significant immature markets where standardization and patents will increasingly collide. Indeed, much attention is being placed upon critical and emerging technologies (CETs), which are a subset of advanced technologies that often significant to U.S. national and economic security. The technical fields making up CETs are quite varied and among other things include advanced computing, artificial intelligence, renewable energy generation and storage, robotics, semiconductors, and space technologies.

This panel discussion will look ahead at what is next for SEPs, and specifically the role of standardization and standard essential patents for critical and emerging technologies. Among other things, the panel will discuss: (1) What are the potential next industries and markets where SEP licensing will grow? (2) What important lessons have been learned from the mobile telecom industry’s approach to SEP dispute resolution and how can attorneys and industry players prepare for developments in new markets, particularly markets relating to CETs? (3) Will SEPs become relevant in markets other than hi-tech areas, such as 3D printing, drug delivery, or bioengineering platforms. (4) The intersection of standardization and pooling, including discussion of the type of standards that are viable for patent pools and what standards make more sense for bilateral licensing. (5) When and where is standardization appropriate within the CET space and how the licensing of those technologies does not get in the way of widespread adoption. (6) If you could start over, what would an SSOs and SSO agreements look like for CETs.

Materials:

USPTO Collaboration Initiative on Standards and Intellectual Property

Wi-Fi 6: A Critical Wireless Communication Technology

The Economic Value of Wi-Fi 6: A $500 Billion Market

The Patent Pool Explained: An Effective Mechanism When the Burden is Shared

A Critique of Glory Days and How Reports of Anticompetitive Risks of Pools Have Been Greatly Exaggerated