Standard Essential Patents(SEP’S)

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Standard Essential Patents

SEPs are patents essential to implementing a specific industry standard or A patent that protects technology essential to a standard is named as a standard-essential patent. Standards are technical needs or specifications that are must to provide a common design for a product or process.

FRAND licensing

If a patent is declared essential to a standard (ie as an SEP) the owner agrees that the patent is subject to the FRAND declaration, i.e. that licenses to the SEP will be granted on a Fair, Reasonable And Non-Discriminatory basis. SEPs and FRAND are cross-jurisdictional issues and the case law originates in a variety of different jurisdictions including the CJEU, US federal courts, UK courts, and German courts.

Essentiality Check Services

Often companies exploit their SEPs for getting heavy royalty. But are all these SEPs really essential? Here at TT Consultants we offer essentiality and validity checks for SEPs before one decides to in-license such technologies. Investing in an essentiality check can avert paying off hefty royalty fees for a patent that is in reality, not a SEP.

Solutions around SEPs

With the increase of cross-domain activities, the use of standard technologies is increasing side by side. And as the usage of such technologies increases, it becomes imperative to invest in essentiality checks for SEPs before in-licensing them. TTC offers a tailored hybrid solution (i.e. utilizing both machine and human intelligence) for essentiality and validity checks so that you take an informed decision and avert any slip-up owing to misinformation.

Product portfolio examination and mapping of standards

TTC experts conduct an in-depth analysis of the product portfolio to identify and extract all the products and their features utilizing standard technologies. SEP patents to specific standards are extracted based on standards through an in-house standard search database. The database used includes documents like standard docs, TDocs, Emails, Meeting lists, change requests from major SSO’s ETSI, 3GPP, IEEE and also covers SEP patent declarations from ITU, IEC, ISO, ANSI, CEN & many more.

Future Risk Mitigation

Besides listed standards there at times can be many patents that can be potential SEPs and even the slightest chances of infringing such patents pose future risks that can lead to huge losses. To avert such scenarios, We offer future risk mitigation services by identifying and extracting undeclared SEPs.
This is done via following ways:
Studying and utilizing IPC/CPC overlap with core IPC/CPC of declared sep patents.
Citation Analysis- Patents that have been cited by declared SEP patents Semantic Similarity with the declared SEP patents.

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