Standard Essential Patents(SEPs)

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Standard Essential Patents

Standard Essential Patents

SEP protect inventions that are enforced in countless products based on standardized technologies such as 4G, 5G, Wi-Fi or audio and video codecs. Standard Essential Patents (SEPs) are frequently the most valuable patents in a portfolio or sector. Also, enterprises see several litigations around SEPs each year. The SEPs analysis is often challenging as a result of dispersed information.

TT Consultants has been involved in projects associated with SEPs for a protracted time. We have extremely qualified engineers who have attained experience in wide scale of technology standards developed by various Standard Setting Organizations (SSOs) such as 3GPP, IEEE, ITU etc. and fully skilled with all the strategies essential to execute such high worth matters. Further, we also have in-house repository for extracting data related to SEPs like meeting documents, drafts, submissions etc.

Challenges Faced While Conducting SEP Analysis

Non-availability of a single-point search engine for the standard documentsтАЛ

Non-availability of a
single-point search engine
for the standard documents

Dispersed SSO search platforms

Dispersed SSO search
platforms (3GPP, ETSI, IEEE,
Femtocell, HEVC/H.265,
Wireless Power, etc.)

SEP declaration databases are not maintained to provide an accurate landscape of verified SEPs!тАЛ

SEP declaration databases
are not maintained to
provide an accurate
landscape of verified SEPs!

Immense standard documents (more than 500K+ relevant documents)тАЛ

Immense standard
documents (more than
500K+ relevant documents)

Complete manual research & analysis resulting in a higher cost of reviewтАЛ

Complete manual research &
analysis resulting in a higher
cost of review

No integration with recent AL & ML-based analysis technologiesтАЛ

No integration with recent
AL & ML-based analysis
technologies

Limited search capabilities of the SSO search portals (limited search fields)тАЛ

Limited search capabilities
of the SSO search portals
(limited search fields)

SSOs do not determine which patents are essential, and declarants are not required to provide proof

SSOs do not determine
which patents are essential,
and declarants are not
required to provide proof of
essentiality.

Our Services

Essentiality Check for a pool of SEP candidates

The Standard Setting Organizations (SSO) don’t determine the essentiality of patents, these disputes typically visit trial wherein a courtroom decides the essentiality of a patent. The patents are often grouped together, so licensees pay considerable licensing fees for Standard Essential Patents (SEPs). Unfortunately, not all of those patents qualify as SEPs. Performing an effective essentiality check can be hard to achieve because of the complexity of patent claims and their relationship with standards.
TT Consultants has collected worldwide standards datasets of various SSOs and developed search tools that facilitate the search for patented subject matter in declared standards to check the essentiality of a SEP pool.

Discover undeclared SEPs concealed in your IP portfolio

Many enterprises, especially owning huge patent portfolios, are unaware about potential SEP patents concealed in their portfolio. Many times, possible SEPs is missed and never reach to its SEP declaration stage.  The company suffers a great loss due to this negligence by losing thousands, which they could earn in licensing fees each year. Hence, it is very critical to identify the missed SEPs by proper review of the portfolioWe here at TT Consultants follow various effective methodologies like deeper evaluation of technical description in order to overrule the chance of missing any  possible SEP. The standards are always updating which is another challenge, so our time performs a vigilant search of theses updated standards so that nothing slips away from our hands.

Identify latest version of standard mapping on your SEP

Standards are updated on a regular basis, so the service involves critical analysis of updated versions of standard specifications overlapping with features of the claim. Patents that map to a standard are extremely valuable since all items that comply with the standard are valued. So, TT Consultants is very conscious of providing a high-quality service for such high a value matter. We have our in-house database, which holds latest data related to various standard specifications along with  an extremely talented team which performs a comprehensive digging on SSOs websites for locating the updated data. 

Knockout predatory SEP(s) & save licensing cost

In view of the complexity of standard technologies and the abundance of information, it is quite difficult to identify prior arts for SEP patents. 

We have developed a repository of the entire standard dataset technical specifications, change requests, meeting docs, etc., and made it searchable using advanced search operators.

Claim Chart preparation for SEP Patents

We assist clients in preparing a solid claim chart that entails a thorough mapping of claims to the relevant standard. 

Our domain experts create strong claim charts to ascertain the overlap of the standard technology with the patented subject matter. 

FAQ

Our Methodology

(SEP Licensing)

Identify and mitigate risk arising from usage of standard/non-core technologies and unknowingly infringing SEP without licensing. We execute a five-step approach to identify SEPs/non-core technologies to avoid any future assertion and risk-free timely licensing of SEPs

understand icon
AnalyseтАЛ
mitigate icon

Understand

Analyze

Mitigate

Our Methodology

  • Understand your product portfolio and identify relevant portfolio of focus

    Understand your product portfolio and identify relevant portfolio of focus (high risk)

  • Understand your product portfolio and identify relevant portfolio of focus

    Analyzing product feature in view of standards

  • Understand your product portfolio and identify relevant portfolio of focus

    Identifying relevant standard and patents covering product feature

  • Understand your product portfolio and identify relevant portfolio of focus

    Identifying relevant patent pool/corporate for licensing on FRAND terms

  • Understand your product portfolio and identify relevant portfolio of focus

    SEP Essentiality check & Validity search

Our Methodology (SEP Essentiality Check)

Comparing the claims of issued patent with the specifications of declared standard. (Can be multiple declared standards.)

Mapping the Independent claims of patent with the standard specifications in form of claim charts.

 

Before mapping, checking all versions of the standard or drafts for the relevant subject matter considering date restrictions.

Check whether the claimed subject matter is the optional or mandatory feature of the standard.

 

Why TT Consultants?

One-stop standard repository – XLPAT, which correlates patents, standard contributions, and SEPs

Collated comprehensive dataset including standards, meeting contributions and Emails of 10+ SSOs

AI-Driven First Cut Analysis

Hybrid Essentiality Check backed with Subject matter expert analysis

XLPAT A holistic approach to tackle related concerns

In-house Prepared Indexed Standard Knowledge Database

Clients Testimonials

+
Quality Projects Executed
+
Years of Experience
+
COUNTRIES

Impact Stories

Blogs

Blogs on SEP

Get the Latest Technology Insights with our Industry Focused Blogs

IN THE NEWS

FAQs

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.

Examples include USB, Wi-Fi, wireless charging, 5G, LTE, H.265, and JPEG.

Patents provide incentives for research, development and facilitate knowledge transfers and standards ensure the rapid diffusion of technologies and the interoperability between products.

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.

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.

The Bureau of Indian Standards (BIS)

Patent Holdup

Royalty Base

Royalty Stacking

Availability of Injunctive Relief

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.

FAQ

Related Services

Patent Portfolio Commercialization

Patent Infringement Search

Patent Portfolio Optimization

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