The Growing Rift Between the US & Europe | March 2024

Standard-Essential Patents: The Growing Rift Between the United States and Europe


Numerous contemporary technologies, such as the internet, WiFi, cellular communications, video streaming, computer memory, and computer bus architectures, operate under the governance of industry standards. These standards delineate their necessary functionality and ensure seamless compatibility across devices manufactured by different companies. Typically, technology firms and researchers collaborate within standard-defining organizations (SDOs), also known as standard-setting organizations (SSOs), to draft these standards. The process mirrors legislative procedures. In this article, Hon.-Prof. Dr. Henrik Holzapfel and Dr. Laura Katharina Woll, LL.M., explore the contrasting approaches taken in the United States and Europe—two regions at the forefront of disputes related to Standard-Essential Patents (SEPs).