IP SERVICES

Standard Essential 
Patents(SEPs)

Discover Standard Essential Patents in Your IP Portfolio

We bring you Hybrid Standard Essential Patents (SEPs) Analysis Services, where we combine the expertise of our seasoned professionals with advanced AI & LLM-driven proprietary platform-XLSCOUT. This synergy ensures unmatched expertise in identifying undiscovered SEPs within your portfolio. Avoid pitfalls associated with utilizing standard/non-core tech and unintentionally violating a SEP without the right license. We’re here to spotlight and alleviate those concerns for you. 

Want To Find Hidden SEPs In Your Portfolio?​

Our Methodology

SEP Licensing

SEP Licensing

SEP Essentiality Check

SEP (Essenciality Check)

Undeclared Standard Related Patents Extraction & Analysis

SEP (Essentiality Check)

Our Methodology

SEP Licensing

SEP Essentiality Check

Undeclared Standard Related Patents Extraction & Analysis

Why Choose TT Consultants For Standard Essential Patent Search?
  • One-stop standard repository – XLSCOUT, which correlates patents, standard contributions, and SEPs 
  • Collated comprehensive dataset including standards, meeting contributions and Emails of 10+ SSOs 
  • Hybrid essentiality check backed with subject matter expert analysis 
  • AI-Driven first cut analysis 
  • Extremely qualified engineers with experience in a wide range of technology standards developed by various Standard Setting Organizations (SSOs) 
  • In-house repository for extracting data related to SEPs like meeting documents, drafts, submissions, etc.  
  • We put your objectives at the forefront of our search strategy, offering tailored service and guidance. 
  • Efficient and affordable SEP patent analysis by our adept team using high-caliber data. 
  • Identify optimal R&D investment opportunities through our comprehensive analysis, benchmarking, and evaluation.  
  • Robust SEP Standards strategies by reviewing portfolio and rival strengths/shortcomings, evidence of use, and standard indispensability 
Clients Testimonials
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Looking to:

Confirm essentiality for a group of SEP Candidates 

Discover undeclared SEPs concealed in your IP portfolio   

Identify the latest version of standard mapping on your SEP   

–  Knockout predatory SEP(s) & save SEP patent licensing cost   

Confirm essentiality for a group of SEP Candidates 

Discover undeclared SEPs concealed in your IP portfolio   

Identify the latest version of standard mapping on your SEP   

Knockout predatory SEP(s) & save SEP patent licensing cost   

Benefit from TT Consultant’s Standard Essential Patents Service
Group 377@2x

Experienced team of legal and technical experts specializing in SEPs 

Group 378@2x

Comprehensive and customized solutions for SEP patent licensing, filing, and management

Group 379@2x

Expert consultation on SEP-related legal matters, including FRAND compliance

Group 377@2x

AI-assisted proprietary platform for Standard essential patent (SEP) assessment and management

Want to find, protect and monetize your SEP portfolio?

To learn more:

Case Studies

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In the News

FAQs

What is a standard-essential patent (SEP)?​

A standard essential patent (SEP) is a patent that claims an invention that is essential to a standard. These standards frequently refer to technologies which are protected under the patent regime.

 

Standards are technical requirements or specifications that seek to provide a common design for a product or process.

 

Patents which are essential to a standard and have been adopted by a Standard Setting Organization (SSO) are known as SEPs.

 

In short, A standard essential patent (SEP) is a patent which can be properly mapped onto a mandatory industry standard such that a product which conforms to that standard infringes the patent.

How do standard-essential patents work?​

A standard essential patent starts out as a typical patent and becomes essential to a given standard usually when it is declared to be essential by one of the contributing participants of the standard.

What is over-declaration in SEPs?​

Over-declaration happens when a patent owner asserts that patents are essential to a standard, but the standard can be implemented without implicating the patents. This can result in companies negotiating and paying for licenses for which they don’t need to pay, and can have the effect of causing companies to overpay.

Which organization sets FRAND license terms for SEPs in India?​

The Bureau of Indian Standards (BIS)

What are the major issues involved in SEP litigation?​
  • Patent holdup
  • Royalty base
  • Royalty stacking
  • Availability of injunctive relief
What is FRAND?​

As part of the standard-setting process, and sometimes as part of the process of declaring a patent to be essential to the standard, the contributors of a technology who own patents on the technology agree to license the patent on fair, reasonable, and non-discriminatory terms pursuant to the policies of a standards-setting organization, sometimes abbreviated as FRAND.

  • Fair: It is usually quite easy to recognize unfair licensing requirements, e.g., it would be considered unfair to demand concessions that are not part of the licensing deal from a licensee, or to tie the grant of the license to unrelated commitments. However, fairness is subjective and more difficult to define.
  • Reasonable: Also a subjective theory, a good benchmark for evaluating reasonableness would be to compare with general industry practice, especially when discussing licensing royalty rates.
  • Non-discriminatory: Licensees that are in similar situations should always receive the same terms and rates. If for some reason this doesn’t happen, there should always be some objective grounds for the difference in treatment.
Can a company be required to license their standard-essential patents (SEPs) to competitors?

Yes, companies that hold SEPs may be required to license them to competitors under FRAND terms. This is because SEPs are considered essential to complying with industry standards, and withholding access to them could harm competition and innovation in the market. However, the terms of the license must be fair and reasonable, and non-discriminatory towards all parties seeking to license the technology. 

What are the potential consequences for a company that violates FRAND commitments for their SEPs?

Violating FRAND commitments for SEPs can result in legal and financial consequences for a company. In some cases, a company may face antitrust litigation or regulatory action if they engage in anti-competitive behavior by withholding access to their SEPs or charging discriminatory licensing fees. Additionally, breaching FRAND commitments can harm a company’s reputation and relationships with industry partners, which can impact their ability to compete in the market. 

How does Standard Search Module benefit the search for Standard Essential Patents (SEPs)?

Standard Search Module significantly streamlines the search for standard essential patents by providing powerful search capabilities. The advanced search operators allow you to create complex queries, ensuring you find the most pertinent SEPs quickly. Moreover, the precise date filter helps you narrow down your search to specific timeframes, improving the accuracy of results. 

How does SEP patent licensing differ from regular patent licensing?

SEP patent licensing typically revolves around patents that are vital to industry standards. Given their essentiality, licensing terms for SEPs often need to be fair, reasonable, and non-discriminatory (FRAND), ensuring that all parties in the industry can access the technology without discrimination or prohibitive costs. Regular patent licensing might not be bound by such conditions. 

Why might a company seek guidance from SEP consultants?

SEP consultants specialize in the intricacies of Standard Essential Patents. Due to the unique nature and importance of SEPs in various industries, expert guidance is often sought to navigate licensing negotiations, manage potential infringements, or understand the landscape of SEPs in a specific tech domain.

What advantages come with obtaining an SEP license for a company?

An SEP license provides a company with the legal authorization to utilize and implement certain patented technologies crucial to industry standards. This not only aids in avoiding infringement issues but also ensures compatibility and interoperability within the industry, fostering innovation and market growth.

How does the process of patenting an SEP differ from patenting other inventions?

While the foundational process of patenting remains similar, patenting an SEP (or patent SEP) includes an additional step where the patent holder declares to a standard setting organization (SSO) that the patent is essential to a particular industry standard. This declaration often comes with an agreement to license the SEP on FRAND terms.

Are there any global regulatory bodies overseeing SEP licensing?

While there isn’t a single global body overseeing SEP patent licensing, various regional and national SSOs play a role in monitoring and managing SEPs. Organizations such as 3GPP, IEEE, and ETSI are some of the SSOs that have frameworks in place for SEPs. Additionally, SEP consultants often stay updated with the evolving landscape and guidelines across different jurisdictions.

Related Services

Patent Portfolio Commercialization

Patent Infringement Search

Patent Portfolio Optimization

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