SEP Verification
SEP Verification
A Standard-Essential Patent (SEP) is the name given to a patent that protects technology that has been selected for use in a standard. For example – Patented inventions that must necessarily be used when implementing a cellular communication standard are “essential” to that standard and should be made available for use under a patent license on a Fair, Reasonable and Non-Discriminatory (FRAND) basis by their owners.
Standard Essential Patents (SEPs) are patents that are unavoidable for the implementation of standardized technology. In this service, the essentiality of standard-declared patents is analyzed. Based on the extent of overlapping between the claims and the declared standard features/sections, a determination is carried out whether the patent is essential or related to the declared standard.
Steps for checking the essentiality of a standard patent
Extracting the entire relevant patent in the given jurisdiction by using ETSI data extraction
Screening essential and non-essential patents based on claim interpretations and determining the extent of overlapping with the standard specifications based on the extent of overlapping between the claims and the declared standard features.
A determination is made whether the SEP patent discusses all standards or they fail to disclose a few elements of the standards.
End Output:
Ranking based on the extent of overlapping between patent and the declared standard – in an Excel format.
Differentiator
With the development of inter-disciplinary technologies and the focus on the standardization of various technologies, there is great demand for such services in the market. To execute this service, the team needs to be highly experienced in a wide range of technology standards developed by various standard-setting organizations (SSOs) e.g. IEEE, 3GPP, ETSI, MPEG, ITU, etc. The team needs to have core expertise in working on advanced technologies, such as telecommunications (UMTS, LTE, 5G, Wi-Fi, etc.) and video codec (H.264, H.265, VP8, VP9, etc.).