Advisory Opinion System & Guide to Licensing Negotiations Involving Standard Essential Patents (SEPs)

The environment surrounding standard essential patents (SEPs) has been undergoing major changes as a result of the advancement of the 4th Industrial Revolution brought forth by IoT and AI technologies. Parties involved in disputes with respect to SEPs have been spreading beyond the field of information and communication technology (ICT) into other technical fields, making resolution of disputes relating to SEPs more difficult. Under such circumstances, the JPO introduced two measures: (i) the “Advisory Opinion System to Determine Standard Essentiality”, which started from April 1, 2018; and (ii) the “Guide to Licensing Negotiations Involving Standard Essential Patents,” which was published on June 5, 2018. This article summarizes such recent changes and new issues relating to SEPs, as well as the two measures introduced by the JPO in order to deal with them.