You manage one or more Patent Pools for different holders of essential patents for one or more standards.
The essentiality evaluation of patents in relation to technological standards is a fundamental activity that must be conducted rigorously to ensure the satisfaction of your licensors and licensees, and the success of the Patent Pool.
How to evaluate the Essentiality of a Patent
Essential patents to a standard and FRAND licensing
You own one or more patents potentially essential to a technological standard such as W-CDMA, LTE, 5G, WiFi, a video codec (AV1, VP9, JPEG XS), wireless charging (Qi), etc. You hope to be able to earn royalties by licensing them to manufacturers of products complying with these standards under FRAND (Fair, Reasonable, and Non-Discriminatory) licensing terms. Alternatively, you may seek to negotiate cross-licenses with other essential patent holders, either yourself in the context of bilateral negotiations or through a Patent Pool.
Under these conditions, it is therefore highly desirable to have the essentiality of your patents assessed concerning this standard by an independent and credible third party.
Why choose Santarelli to evaluate your essentialities?
- +3000 essentiality evaluations
- Expertise in telecom, IT, software, and electronics
1 single point of contact
to coordinate 25 expert firms and cover 20 key countries
- Proven methodology
IPEC Network
Created in 2002 by Ipside *, IPEC Network (International Patent Evaluation Consortium) includes more than twenty-five firms of Intellectual Property Attorneys and Law Firms located in over twenty countries. It has conducted over 3000 essentiality evaluations of patents covering wireless communication standards such as 3GPP (Third Generation Partnership Project) W-CDMA, 4G (LTE), 5G, Wi-Fi, video codecs (AV1, VP9, JPEG XS), and wireless charging (Qi) for numerous companies, members of Patent Pools or international groups.
Experienced in telecommunications, IT, software, and electronics, the Intellectual Property Attorneys and Lawyers of IPEC independently verify, using a systematic methodology, whether the patents submitted to them are indeed essential to a standard. Santarelli manages the IPEC network and ensures that the Intellectual Property Attorneys and Lawyers involved in the evaluations are independent and free from conflicts of interest with the patent holders.
Learn more – The standard-essential patent, a strategic issue
Major issue of technological sovereignty in Europe, essential patents to standards are at the core of technological infrastructures that define innovation and economic competitiveness.
These patents have a crucial importance in strategic sectors such as telecommunications, artificial intelligence, and the IoT, where mastering essential patents to standards ensures not only long-term competitiveness but also protection against external economic pressures.
What is a FRAND licence?
A FRAND license (Fair, Reasonable, and Non-Discriminatory) is a commitment made by the holders of standard-essential patents (SEPs) to offer licenses under fair, reasonable, and non-discriminatory terms.
These licenses enable other companies to use patented technologies covered by industrial standards, thereby promoting interoperability and innovation. The goal is to ensure fair access to essential technologies while guaranteeing adequate compensation for patent holders, that have provided important investment efforts in term of Research & Development.
FRAND terms prevent monopoly abuses related to SEPs while fostering healthy and fair competition in the market