Comments Submitted to the European Commission on Its Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents

4 Pages Posted: 18 Aug 2023

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: August 7, 2023

Abstract

These comments were submitted to the European Commission pursuant to its request for public feedback on its Proposal for a Regulation of The European Parliament and of the Council on Standard Essential Patents and Amending Regulation (EU)2017/1001, COM(2023) 232 (Apr. 27, 2023). These comments commend the Commission on the Proposal, but suggest minor modifications to improve transparency and effectiveness, particularly in terms of the determination of aggregate royalty rates and FRAND rates between parties, and also suggest the inclusion of utility models in the definition of standard-essential patent.

Keywords: standards, patent, European Commission, EUIPO, FRAND

Suggested Citation

Contreras, Jorge L., Comments Submitted to the European Commission on Its Proposal for a Regulation of the European Parliament and of the Council on Standard Essential Patents (August 7, 2023). Available at SSRN: https://ssrn.com/abstract=4534516 or http://dx.doi.org/10.2139/ssrn.4534516

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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