SEP injunctions do not breach competition law, clarify US officials

US officials have said that standard-essential patent (SEP) owners who seek injunctions to stop the sale of infringing products will no longer be pursued under competition laws.

In a joint statement issued yesterday, December 19, the US Department of Justice, Patent and Trademark Office and National Institute of Standards and Technology said the infringement of SEPs should be treated no differently than a regular patent dispute.

The update diverts from the agencies’ 2013 guidance which said it could be potentially anti-competitive for SEP owners to seek injunctions to blocking the sale of products which depend on their patents.