Standard-essential patents (SEP)
Standards for intelligent and networked products
The development of globally valid standards is particularly necessary for intelligent and networked products that are connected to other cross-technology systems and the internet.
This connectivity of different devices often requires the use of communication standards that are protected by standard-essential patents (SEPs), especially in areas such as IT, telecommunications, medical technology and automotive engineering.
These uniform technological standards enable the usability of new products and innovative technologies. They are necessary in order to network technical innovations and applications from different manufacturers. The globally valid standards are defined by international standardization organizations.
The FRAND system
Manufacturers require licenses for the relevant standardized technologies in order to use standards. The declaration of SEPs is linked to the patent holder's obligation to grant licenses on fair, reasonable and non-discriminatory (FRAND) terms.
Licensing of SEPs
The FRAND licenses are intended to ensure that there are uniform framework conditions for the licensing and enforcement of standard essential patents (SEPs) for all market participants.
Practice shows that legal disputes often arise in connection with standard essential patents (SEPs), especially when it comes to licenses on appropriate FRAND terms. Prominent examples of this can be found in the telecommunications sector - and the Internet of Things (IoT) is also developing more and more standards, especially in the areas of Smart Home and Industry 4.0.
Regarding Justus Kreuels:
Justus Kreuels advises clients on the strategic development and maintenance of patent portfolios. He assists companies in Germany and Europe with patent grants as well as opposition and patent nullity proceedings.