Common Mistakes to Avoid in SEP Analysis
A patent mentions 5G, Wi-Fi, or video coding. It appears in a declaration database. Its wording looks similar to a technical standard. Does that make it a standard essential patent? These details can help identify patents for review, but they do not establish essentiality. SEP analysis needs a careful comparison between patent claims and the requirements of a specific standard. WIPO defines a standard essential patent as a patent protecting an invention essential to implementing a particular technology standard. For businesses reviewing a licensing proposal or patent portfolio, avoiding the following mistakes can make the assessment more useful. 1. Treating a Declaration as Proof of Essentiality A common mistake is assuming that a declared patent has already been independently checked. ETSI states that it does not investigate the essentiality of the rights listed in its relevant IPR reports. A declaration should therefore be treated as a starting point for research. What to do: Check...