In a first-to-invent regime, the law still favors one with a patent, since it gives one a cross-licensing opportunity to settle a dispute with a similar, infringed patent, even if one uses their patent only protectively. In a first-to-file regime, protective patents are absolutely necessary. I checked with Dan Ravicher. The proposed law would have no effect on criteria for prior art, so it doesn't make patents for defense either more or less "necessary" than they currently are. However, I agree with your main point, that there is no reason to reject a standard because of a patent, given a suitable royalty-free blanket license for using the patent. _______________________________________________ Ietf@xxxxxxxx https://www1.ietf.org/mailman/listinfo/ietf