Posts Tagged: "standards setting organizations"

The Fairness of FRAND: Patent Pools, SSO Policies and the Way Forward

Standard Essential Patents (SEPs), as the name suggests, are an essential set of patents used for the implementation of a standardized technology. This set of patents renders it impossible to implement or operate standard-compliant equipment without infringement. Does that mean every patent declared by any company is essential? In a word, no. This article intends to address this aspect in detail and pave way for licensees to save costs and pay for what they use in their implementations.

Technical Submissions as Helpful Indicator of Standard Essential Patent Portfolio Value

While 5G technology is quite well known by many in popular culture, thanks to nearly ubiquitous television commercials, it is not the only new wireless technology that promises revolutionary support for the fast-growing Internet of Things and associated devices. Wi-Fi 6 (or “802.11 ax”) also promises to offer consumers vastly improved wireless speed and performance, although it is not yet nearly as pervasive as 5G technology. As new technologies are developed and eventually used by customers, disputes about patent rights, licensing and royalties typically follow, and we can be certain that will be the case as wireless telecommunications continue to offer faster speeds and devices continue to become interconnected. The speed revolution will open horizons not yet imagined, and economies will change. Sorting out who deserves what for each innovative contribution will become increasingly important and complicated (at least under current paradigms).  

Navigating Patent Drafting and Prosecution of Standards-Related Technologies

As far back as the Roman Empire, standardization has improved the efficiency of human endeavors. In the present day, as high-bandwidth communication and Internet of Things (IoT) applications expand, standardization continues to be key in advancing new technologies. From the standpoint of protecting intellectual property, however, the collaboration required to standardize a technology presents unique challenges, as industry competitors disclose and assess various options for the standard. Standard Development Organizations (SDOs), each directed to a particular technical area, adopt standards that allow devices to communicate with each other and process information consistently. Technical experts representing companies or trade associations in an SDO may submit proposals for consideration and adoption. However, such proposals may include patentable solutions invented within the submitting organizations. By virtue of submitting such proposals for consideration, the solutions could be considered publicly disclosed – or, at the very least, disclosed to industry competitors.