Friday, March 31, 2023

Table of contents and synopsis of European Commission's draft proposal for standard-essential patent regulation

This is a follow-up to the previous post, European Commission departs from best practices in hasty preparation of standard-essential patent policy proposal that is fundamentally flawed and unbalanced.

I've meanwhile obtained a copy of the draft proposal, which I understand has already been widely shared among stakeholders. It's really an unmitigated disaster, even worse than I thought when I first commented on the information I had obtained primarily from MLex. I'll be sure to discuss some of the shortcomings in another post soon. I'm also going to review the 248-page Impact Assessment Report, which has also leaked.

The sole purpose of this post is to share with you a ten-page PDF that I've put together just to make my own analysis of the draft proposal and its implications more efficient. So please note that there will be typos and other shortcomings in it. It's not a polished document. It's nothing but a tool that makes it easier to get an overview of what the proposal envisions and assists everyone navigating that 56-page PDF. Knowing that many of you are now trying to digest that document, I wanted to make this available sooner rather than later.

Proposal for a Regulation of the European Parliament and of the Council on Standard-Essential Patents (leaked March 2023 draft): Unofficial Table of Contents and Synopsis

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