The standards essential patents and antitrust law



Dr. John d. Kulick, Chairman of the Board of standards IEEE Standards Association (IEEE-SA), today testified before the United States Senate Judiciary Committee Subcommittee on antitrust, competition policy and consumer rights of "standard-essential patent litigation and antitrust law.  IEEE standards organization was development, invited to testify at the hearing.  The IEEE standards development serves customers that are compatible with the IEEE mission of development of technology for the benefit of mankind.  Kulick was joined by Deputy Director Susan Munck from the Federal Trade Commission, as well as by representatives of Intel Corporation and Qualcomm Incorporated.


Kulick testified that the activities of the Subcommittee "is very timely and can be a breaking point" in global efforts to tackle the important intersection of patents, standards and antitrust issues.


Kulick said that "the IEEE is fully aware of the importance of comprehensive patent policy and has introduced a balanced framework with detailed rules and procedures that determine how proprietary technology should be taken into account in the IEEE standards."  Kulick has outlined the principles for the development of IEEE standards, including due process, a broad consensus in the range of interests, transparency of information and records, balance without dominance and openness to all stakeholders.


Kulick pointed out, however, that the emphasis on the standards development organization (SDO) rules is not enough.  "Actually, it is a paradigm shift is necessary."  He called for "enhanced self-regulation of patenting behavior during the early stages of the standardization process through close cooperation between patent offices and SDOs.  He gave as an example the Kulick of strategic memorandum of understanding that IEEE signed in 2010 with the European Patent Office – the first ever between SDO and patent regulatory authority. "  IEEE-SA has offered to explore cooperation with other patent offices and regulatory bodies around the world.


Affidavit of Kulick is available at http://1.usa.gov/16hE5b3.


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