Opinions and Editorials

Aug. 15, 2021

IP Watchdog: Biden Executive Order’s Approach to SEPs Sells Out American Small Businesses and Innovators by Arvin Patel

President Joe Biden’s recent executive order was billed as “promoting competition in the American economy,” but is a prime example of why one should always read the fine print.

Rather than boosting the technology and innovations that spur American competitiveness in the global marketplace, the Biden administration is pushing a directive that reinforces the dominance of technology giants like Apple and Google.

Part of the executive order addresses the complex but essential way we protect those who develop standard technology – such as the shared technologies that make mobile communication possible across multiple networks.

Standards enable critical technologies such as 5G, the Internet of Things, video transmission, artificial intelligence, and autonomous vehicles. Nations that develop these technologies and the standards they are based on will have a significant advantage in gaining the lead in the next industrial revolution.

Standard Essential Patents (SEPs) protect these technologies – and those who developed them. They are critical to encourage the private sector to invest the resources necessary to enable innovation in these technologies. Without the private sector, the United States will fall behind China and other emerging economies.