‘Clause 8’ podcast turns to Richmond Law professor for clarity about U.S. patent policy

Kristen Osenga, associate dean and professor at Richmond Law, appeared on the intellectual property podcast Clause 8 to discuss standard essential patents (SEP) and the state of U.S. patent policy.

A self-described property-rights advocate, Osenga traced how SEP policy has swung between administrations and defended FRAND (fair, reasonable, and nondiscriminatory) licensing as a genuine competitive safeguard rather than collusion in disguise. She analyzed the European Union’s proposal to let courts unfamiliar with SEPs set licensing rates, calling the method unworkable.

Osenga also raised concerns about “royalty-free” standards, arguing they can quietly squeeze small patent holders out of licensing revenue while offering no lasting guarantee of remaining free.

Her closing message to policymakers was direct: Pass the RESTORE Act, which would reinstate injunctive relief for patent holders. Without it, Osenga warned, the U.S. risks ceding innovation leadership to China as SEP litigation increasingly moves overseas.