The boom in the Internet of Things (IoT) is leading many more SMEs than before to embrace open technical standards for connectivity and video.
These standards may contain patented technologies. As those SMEs grow, they may be asked to pay a licence fee for the use of some of those technologies.
Therefore IP Europe encourages all SMEs to inform themselves about the standards they employ in their products and services.
We have prepared the Q&A below and on the following pages to address some of the questions SMEs might ask patent owners about licensing so-called standard essential patents (SEPs).
We also link to some other sites that provide further, more in-depth information about SEP licensing. We hope you find the Q&A useful and would love to hear your feedback, especially if you are an SME interested in implementing connectivity and video related standards in your products or services.
FAQs
1. Standard-Essential Patents
Before asking what is a standard-essential patent (SEP), it is useful to first understand what both a standard and a patent are.
2. IPR Policies and the FRAND Commitment
Before considering SEP licensing, it is useful to understand how this arises in the first place through SDO IPR policies and the FRAND commitment given by SEP owners.
3. SEP licensing - First Stage
What does an SEP licensing negotiation look like, and how do you determine what terms and conditions are "fair, reasonable and non-discriminatory", or FRAND?
4. SEP licensing - Process
What is the usual process for negotiating a SEP licence?
5. SEP licensing - Value
What are FRAND terms and royalties?
6. Resolving a dispute
What are the different ways of resolving a dispute involving FRAND licensing for patents?
7. Other IP licensing resources
This page lists a few good resources on SEP licensing and patent pools.
The sketches in this SME FAQs section are the work of Claire Fawcett
