IP SERVICES

Standard Essential 
Patents(SEPs)

Discover Standard Essential Patents in Your IP Portfolio

We bring you Hybrid Standard Essential Patents (SEPs) Search Service, where we combine the expertise of our seasoned professionals with the cutting-edge power of AI & LLM based proprietary platform-XLSCOUT to bring you unmatched assistance in discovering undiscovered SEPs within your portfolio. Avoid the risks of using standard/non-core technologies and unknowingly infringing SEP without licensing, by allowing us to identify and mitigate those risks 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)

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 prioritize your needs and goals throughout the search process, providing personalized service and support 
  • Fast and cost-effective SEP analyses with precise results by our skilled team and top-quality data. 
  • Identify optimal R&D investment opportunities through our comprehensive analysis, benchmarking, and evaluation. 
  • Strong assertion strategies by assessing portfolio and competitor strengths/weaknesses, evidence of use, and standards essentiality. 

Clients Testimonials

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Quality Projects Executed
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Years of Experience
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COUNTRIES

Looking to:

Check essentiality for a pool 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 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 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 patents analysis and management

Want to find, protect and monetize your SEP portfolio

To learn more:

Case Studies

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. 

Related Services

Patent Portfolio Commercialization

Patent Infringement Search

Patent Portfolio Optimization

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