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Essential patent

An essential patent or standard-essential patent (SEP) is a patent that claims an invention that must be used to comply with a technical standard.[1] Standards organizations, therefore, often require members disclose and grant licenses to their patents and pending patent applications that cover a standard that the organization is developing.[2]

If a standards organization fails to get licenses to all patents that are essential to complying with a standard, owners of the unlicensed patents may demand or sue for royalties from companies that adopt the standard. This happened for example to the JPEG standard.[3]

Determining which patents are essential to a particular standard can be complex.[4] Standardisation organizations require licences of essential patents to be on fair, reasonable, and non-discriminatory (FRAND) terms.

See also

References

  1. ^ Shapiro, Carl, “Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard-Setting”, forthcoming Innovation Policy and the Economy, Volume I, MIT Press, 2001
  2. ^ J. Gregory Sidak, The Meaning of FRAND, Part I: Royalties, 9 J. COMPETITION L. & ECON. 931, 949 (2013), https://www.criterioneconomics.com/meaning-of-frand-royalties-for-standard-essential-patents.html."
  3. ^ "The JPEG patent [LWN.net]". lwn.net. Retrieved 2018-12-26.
  4. ^ Elizabeth Woyke (2011-09-21). "Identifying The Tech Leaders In LTE Wireless Patents". Forbes. Retrieved March 10, 2012.

Further reading and viewing

  • "Potential Antitrust Liability Based on a Patent Owner's Manipulation of Industry Standard Setting", Proceedings of ABA Antitrust Section Spring Meeting (2003) by Janice M. Mueller.
  • "", 17 Berkeley Tech. L.J. 623 (2002) by Janice M. Mueller.
  • Mossoff, Adam; Contreras, Jorge; Kulbaski, James J. (November 30, 2012). (video). Washington Legal Foundation. Archived from the original (ASX) on March 3, 2016. Retrieved December 17, 2012.

essential, patent, essential, patent, standard, essential, patent, patent, that, claims, invention, that, must, used, comply, with, technical, standard, standards, organizations, therefore, often, require, members, disclose, grant, licenses, their, patents, pe. An essential patent or standard essential patent SEP is a patent that claims an invention that must be used to comply with a technical standard 1 Standards organizations therefore often require members disclose and grant licenses to their patents and pending patent applications that cover a standard that the organization is developing 2 If a standards organization fails to get licenses to all patents that are essential to complying with a standard owners of the unlicensed patents may demand or sue for royalties from companies that adopt the standard This happened for example to the JPEG standard 3 Determining which patents are essential to a particular standard can be complex 4 Standardisation organizations require licences of essential patents to be on fair reasonable and non discriminatory FRAND terms See also EditPatent ambush a situation where a member of a standards organization withholds information about patents they own during development of a proposed standard and subsequently claims them to be relevant to the standard as adopted Patent map Patent thicket Orange Book StandardReferences Edit Shapiro Carl Navigating the Patent Thicket Cross Licenses Patent Pools and Standard Setting forthcoming Innovation Policy and the Economy Volume I MIT Press 2001 J Gregory Sidak The Meaning of FRAND Part I Royalties 9 J COMPETITION L amp ECON 931 949 2013 https www criterioneconomics com meaning of frand royalties for standard essential patents html The JPEG patent LWN net lwn net Retrieved 2018 12 26 Elizabeth Woyke 2011 09 21 Identifying The Tech Leaders In LTE Wireless Patents Forbes Retrieved March 10 2012 Further reading and viewing Edit Potential Antitrust Liability Based on a Patent Owner s Manipulation of Industry Standard Setting Proceedings of ABA Antitrust Section Spring Meeting 2003 by Janice M Mueller Patent Misuse Through the Capture of Industry Standards 17 Berkeley Tech L J 623 2002 by Janice M Mueller Mossoff Adam Contreras Jorge Kulbaski James J November 30 2012 Standards Essential Patents Where Do IP Protections End and Antitrust Concerns Begin video Washington Legal Foundation Archived from the original ASX on March 3 2016 Retrieved December 17 2012 Retrieved from https en wikipedia org w index php title Essential patent amp oldid 1138751387, wikipedia, wiki, book, books, library,

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