Debate on SEP Regulation Impact on European IP Ecosystem
Stakeholders in Europe’s IP ecosystem find themselves divided over the proposed SEP regulation even before its publication. Standard essential patent (SEP) holders, intellectual property experts, and the USPTO director argue it is a risk to the West’s technology leadership. They have proposed the need for further scrutiny, questioning the need for the regulation, as well […]
The European Patent Office Concerns on Proposed SEP Reform
The European Patent Office (EPO) recently voiced concerns on proposed SEP reform in a letter to the European Parliament. In particular, the EPO points to the lack of patent and technical competence at the European Union Intellectual Property Office (EUIPO). The EUIPO is the authority designated to manage the new standard essential patents (SEPs) policy. […]
Changing Landscape of SEPs in the European Union
The European Union is experiencing a changing landscape of SEPs. Standard essential patents (SEPs) are critical to technological innovation. Standards, such as 5G, LTE, and Wi-Fi, are the technologies that serve as a basis for product development and interoperability. When a company files for a patent, they are establishing a baseline technology for other companies […]
EU’s Proposed Framework for Standard Essential Patents
Standard essential patents (SEPs) protect technology that is deemed essential for the implementation of a technical standard adopted by a standard developing organization which may relate to connectivity (e.g., 5G, Wi-Fi, Bluetooth) or audio/video compression and decompression standards. In order for a product to be standard-compliant, the implementer must use the relevant ‘essential’ patents. The […]
EC’s SEP Proposal Undermines Open Innovation
Experts believe the European Commission’s SEP proposal undermines innovation. Patrick McCutcheon, managing director of IP Europe, a coalition of R&D-intensive organizations whose inventions are protected by patents, has said the European Commission’s (EC’s) standard-essential patents (SEPs) proposal not only threatens the business models of IP Europe’s members, which include Nokia, Ericsson, and Orange, but “the […]
Comparative Analysis of US and EU Approach to SEP Royalties
It is important to understand how the United States and European Union approach SEP royalties. Increasingly, courts are being asked to resolve disputes concerning the appropriate and equitable royalty rates, designated as fair, reasonable, and nondiscriminatory (FRAND), that owners of patents essential to industry standards, known as standard essential patents (SEPs), can levy on manufacturers […]
