Standard
Essential Patents (SEPs) refer to patents that are essential to the
implementation of a specific industry standard. These standards are established
by standard-setting organizations (SSOs) to ensure compatibility and
interoperability among different products or technologies. SEPs play a crucial
role in industries such as telecommunications, information technology, and
other areas where standardized technologies are used.
When
a technology becomes a part of an industry standard, the companies that hold
patents essential to implementing that standard commit to licensing those
patents on fair, reasonable, and non-discriminatory (FRAND) terms. This
commitment is often a requirement set by the SSO to prevent the abuse of
monopoly power that could arise if the patent holder refused to license the
essential technology or demanded unreasonable licensing fees.
The
FRAND commitment aims to strike a balance between protecting intellectual
property rights and ensuring fair competition in the market. It encourages
innovation by allowing companies to benefit from their contributions to
industry standards while preventing anti-competitive behavior that could hinder
the widespread adoption of those standards.
In
the event of disputes over FRAND terms or alleged patent infringement, legal
battles may arise, and courts or regulatory bodies may intervene to determine
fair and reasonable licensing terms for the use of standard essential patents.
The goal is to promote a level playing field and facilitate the broad adoption
of standardized technologies across the industry.
Examples of standard essential Patent
Standard
Essential Patents (SEPs) can be found in various industries where standards are
established to ensure interoperability and compatibility among different
products. Here are some examples of standard essential patents:
Wireless
Communication Standards:
LTE
(Long-Term Evolution): SEPs related to the LTE standard for high-speed wireless
communication.
5G
(Fifth Generation): SEPs related to the latest generation of wireless
communication technology.
Wi-Fi
Standards:
IEEE
802.11: SEPs related to various Wi-Fi standards, such as 802.11a, 802.11b,
802.11g, 802.11n, and others.
Video
Coding Standards:
H.264
(MPEG-4 AVC): SEPs related to video compression standards widely used in
applications like video streaming.
H.265
(HEVC - High Efficiency Video Coding): SEPs related to the successor of H.264,
offering improved video compression.
Audio
Coding Standards:
AAC
(Advanced Audio Coding): SEPs related to audio compression standards used in
various applications, including digital audio broadcasting and streaming.
Internet
Standards:
TCP/IP
(Transmission Control Protocol/Internet Protocol): SEPs related to fundamental
networking protocols that form the basis of the Internet.
Universal
Mobile Telecommunications System (UMTS):
SEPs
related to the 3G mobile communication standard, which includes technologies
like W-CDMA (Wideband Code Division Multiple Access).
It's
important to note that the examples provided here are illustrative, and
specific patents may vary. The landscape of standard essential patents evolves
as new technologies and standards emerge. Companies holding SEPs are usually
involved in licensing discussions with other industry participants to ensure
fair and reasonable access to the standardized technologies. Disputes may
arise, leading to legal actions and regulatory interventions to determine
appropriate licensing terms.
Search for Standard essential patents
Searching
for Standard Essential Patents (SEPs) can be a complex task, as there isn't a
centralized database specifically dedicated to SEPs. However, you can use
various patent databases and tools to identify patents that are declared as
essential to specific standards. Here are some steps you can follow:
Standard-Setting
Organizations (SSOs) Websites:
Visit
the websites of standard-setting organizations that manage the development of
industry standards. Examples include the International Telecommunication Union
(ITU), the Institute of Electrical and Electronics Engineers (IEEE), and the European
Telecommunications Standards Institute (ETSI). These organizations often
maintain databases or lists of declared SEPs.
Patent
Offices:
Explore
patent offices' databases, such as the United States Patent and Trademark
Office (USPTO), the European Patent Office (EPO), or the World Intellectual
Property Organization (WIPO). Search for patents related to specific standards
by using relevant keywords, classification codes, or the standard's name.
Patent
Search Engines:
Use
patent search engines like Google Patents, Espacenet, or the United States
Patent and Trademark Office (USPTO) Patent Full-Text and Image Database. Enter
keywords related to the standard or technology you are interested in to
identify relevant patents.
Declaration
Databases:
Some
organizations provide databases specifically for patent declarations related to
standards. For example, ETSI maintains a database called "ETSI IPR
Online" where patent holders declare essentiality of their patents to ETSI
standards.
Litigation
Databases:
Explore
litigation databases to find information on patent disputes and lawsuits
related to standards. This can provide insights into patents deemed essential
by the parties involved.
Commercial
Patent Databases:
Consider
using commercial patent databases such as LexisNexis, Thomson Innovation, or
Derwent Innovation. These databases may offer advanced search functionalities
and analytics related to patents and standards.
When
searching, it's important to use specific keywords related to the standard or
technology you are interested in. Additionally, look for declarations made by
patent holders indicating that their patents are essential to a particular
standard. Keep in mind that not all SEPs are publicly declared, and some may
only be revealed during licensing negotiations or legal proceedings.
Search for standard essential patent in
European Patent Office (EPO)
Searching
for Standard Essential Patents (SEPs) in the European Patent Office (EPO) can
be done using the EPO's online search tools. Here's a step-by-step guide on how
to perform a search for standard essential patents:
Access
the EPO Website:
Go
to the official website of the European Patent Office: https://www.epo.org/.
Use
the Advanced Search Tool:
Navigate
to the "Searching for patents" section on the EPO website and select
the "Espacenet - patent search" option.
Enter
Search Terms:
In
the Espacenet search interface, you can enter relevant search terms. Use
keywords related to the standard or technology you are interested in. For
example, if you are looking for patents related to a specific telecommunication
standard, enter the standard's name, relevant technology terms, or
classification codes.
Apply
Filters:
Espacenet
provides various filters that can help refine your search. You can filter
results based on publication date, inventor, applicant, and more. Look for
options such as "Inventor," "Applicant," or
"Classification" to narrow down your search.
Patent
Classification Codes:
Use
international patent classification codes (e.g., Cooperative Patent
Classification (CPC) codes) associated with the technology or standard you are
interested in. These codes help categorize patents based on their subject
matter.
Consider
Legal Status:
Espacenet
also allows you to filter results based on the legal status of patents. This
can be useful in determining whether a patent is still in force.
Review
Patent Documents:
Once
you obtain a list of relevant patents, review the patent documents to identify
declarations of essentiality to standards. Look for sections where patent
holders declare their patents as essential to a specific standard.
Explore
Patent Family Information:
Check
for information on patent families. A patent family includes related patents
filed in different countries, and it can provide a comprehensive view of a
particular invention.
Remember
that declarations of essentiality may not always be explicitly stated in the
patent documents, and you may need to cross-reference with declarations made to
standard-setting organizations or other databases. Additionally, consider
checking EPO's guidelines or resources related to standard essential patents
for any specific tools or information they may provide.
FRAND and RAND in context
of standard essential patents
FRAND
and RAND are terms used in the context of licensing Standard Essential Patents
(SEPs) to promote fair, reasonable, and non-discriminatory access to
technologies that have become part of industry standards. These terms outline
the conditions under which the owners of SEPs agree to license their patents to
other parties implementing the relevant standard. Here's what each term means:
FRAND
(Fair, Reasonable, and Non-Discriminatory):
Fair:
The licensing terms should be fair to both the patent holder and the licensee.
This means that the royalty rates and other terms should not be excessively
high or unfair to either party.
Reasonable:
The licensing terms should be reasonable and not impose unjust or
discriminatory conditions. This often involves determining a reasonable royalty
rate for the use of the patented technology.
Non-Discriminatory:
The licensing terms should be applied in a non-discriminatory manner. This
means that the patent holder should not selectively choose which companies or
individuals to license the technology to, and the terms should be available to
all interested parties under similar conditions.
RAND
(Reasonable and Non-Discriminatory):
Reasonable:
Similar to FRAND, RAND emphasizes the need for reasonable licensing terms. The
licensing terms should not be excessively high and should be fair to both
parties.
Non-Discriminatory:
Like FRAND, RAND emphasizes non-discriminatory licensing. The terms should be
applied equally to all potential licensees without unfair discrimination.
While
the terms FRAND and RAND are often used interchangeably, FRAND is more commonly
used in the context of patents related to communication standards, such as
wireless and telecommunications standards. The goal of FRAND or RAND
commitments is to strike a balance between protecting the intellectual property
rights of the patent holder and ensuring fair competition and widespread
adoption of industry standards.
When
a company contributes its patents to a standard-setting organization and agrees
to FRAND or RAND commitments, it is essentially promising to license its SEPs
on terms that are fair, reasonable, and non-discriminatory, thereby preventing
anti-competitive practices and ensuring that essential technologies are
accessible to a broad range of users. Disputes related to FRAND or RAND terms
are not uncommon and may be resolved through negotiations, mediation, or legal
proceedings.
Disclaimer: The views and ideas expressed above
are only a personal experience of the writer of this blog. These abstract ideas
may not guarantee full implementation details. Therefore, the content of this
blog should be double checked by technologists and legal experts for its
correctness. The writer of this blog is not liable for any loss incurred by
understanding /implementing the details/content present on this blog and it
cannot form any legal opinion in a court of law. The sole purpose of this blog
is to make the understanding of patent related work easier in academic interest
only. This Blog is written to spread awareness on Patent system of India which
may help inventors to write Good quality Disclosures for their inventions. The
contents of this blog are independent thought process originated in the mind of
the writer which are shared here for the purpose of discussion and accumulating
more clarity on patent related matters. For More information contact the author
of this blog at Mob: +91-7709269318 Email: kumar.vipin1980@gmail.com
