What is a standard essential patent? We asked a leading patent attorney.
It is impossible to make electronics products like phones or computers without making use of patents called Standard Essential Patents (SEPs). SEPs are different because they are essential to technologies such as WiFi or 5G and cannot be simply swapped out with an alternate invention. So, how are SEPs created and what special rules apply to them? We sit down with patent attorney Raghav Bajaj to discuss.
In the conversation, Raghav explains to TalksOnLaw host, Joel Cohen, that since SEPs are deemed essential they must be licensed under a fair, reasonable, and non-discriminatory ("FRAND") standard. But with FRAND not defined by law, determining it is more of an art than a science and can trigger litigation.
The number of SEPs in some of our common tech can reach into the tens of thousands in a single standard, so how does an essential component get added and what happens where companies claim ownership without meaningfully contributing to the function? Raghav explains to Joel the challenges presented by over-declaration and how they can be removed from a SEP.
Raghav Bajaj is a partner in the Intellectual Property Practice Group at Haynes and Boone.
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Standard Essential Patent Law Overview
0:00 Understanding Standard Essential Patents
0:36 Definition of 'Standard Essential Patent'
1:53 From patent to Standard Essential Patent
2:44 FRAND Rates and SEPs
3:54 Overdeclaration and SEPs
5:25 SEPs and Patent Pools