Due to the widespread adoption of Technology standards into many sectors of the industry including the Internet of Things (IoT), Information and Communication Technologies (ICT), automotive, Healthcare, etc., the value of Standard Essential Patents (SEP) has become more significant. Therefore, owning a patent that is essential to a standard may yield a large number of infringing products and licensing opportunities.
Many organizations that contribute to the standard making process self-declare their patents as essential to standards to many standard-setting organizations (SSO) e.g. ETSI, 3GPP, IEEE, ITU, IETF, ANSI, etc.
Whether all the patents, declared essential to the standards, are actually essential????
No, only a few patents, out of all the declared SEP’s, are actually essential to a standard, the rest others are either invalid or not essential to a standard.
Licensees usually face a challenge in determining the true essentiality and validity of the already declared SEP patents.
Essentiality checks are really needed as they help to show that certain technologies are essential to a standard, and thereby streamline SEP negotiations over fair, reasonable, and non-discriminatory (FRAND) terms. However, checking the essentiality of patents is a very time consuming and budget intensive task as it requires a lot of manual resources.
We have created our in-house tool that is integrated with advanced analytics for searching standards and mapping standards to the patents. This provides a cost-effective and time-efficient solution for performing essentiality checks.
In the upcoming versions of the tool will have integrated NLP/ML-based models which automatically identify the technology concepts from the patent claims and match the technology concepts with the standard database.
We are also developing ML models for automatically predicting the essentiality of the undeclared patents in various technology domains (e.g. 5G, LTE, 3G, video coding domains). The training data for building ML models are collected from previously declared SEP patents of different technology domains (e.g. 5G, LTE, 3G, video coding domains), the data is manually validated by our technical experts so as to have a more precise training data for building ML models. This is in the beta phase and will be launched soon.
The current version of the tool includes:
Standards: All ETSI published standard documents including drafts and latest 5G standard documents (Full Text, Technology Clusters, Publication Dates, Rapporteur, and Supporting Organizations)
SEP Declarations: Around 400,000 patent documents declared essential to ETSI standards.
More datasets including standards data from various SSO like 3GPP, IETF, RFC will be added in future versions.
- Identify contextually relevant standard documents in a fraction of seconds. Search standard full-text data using advanced search operators. The advance search operator includes Boolean operators (AND, OR, NOT), proximity operators, and nested proximity. These search operations help users to search the technology keywords in the required context present in the standard documents.
- Identify relevant text and relevant sections from large standard pdfs: No need to read the irrelevant sections from the large pdf documents manually. The tool provides advanced visualizations representing the relevant excerpts from the large standard pdfs that contextually matches the technical keywords used in the search query. The tool also highlights all the contextually relevant text present in the standard full text.
- Advanced Text Highlighting: Use multiple colors for highlighting multiple technology concepts used in the documents. Reach out to the relevant sections of the documents that contain the highlighted text with an easily clickable interface.
- Accurate Integration of Publication date filters: Publication dates (including exact day, month, and year) of the standards are accurately extracted and integrated into the tool. You can easily refine your search by publication and creation dates filters.
- Periodic Updates: Get regular updates on newly published standards and latest versions of the previous standards.
- Saved Queries for future essentiality checks: Map previously declared patents to newly published standards or latest versions of previous standards.
Licensing of SEP patent portfolio
- Essentiality checks: Check the essentiality of the already declared SEP Patents and find out which patents are actually essential.
- Validity checks: Check the validity of the already declared SEP Patents and find out which patents are invalid by checking the date-back versions of the standards and the drafts.
Timely Filing of IPR Declarations:
- Find out hidden standard-essential patents from your patent portfolio, map your patents to standards, and timely file IPR declarations.
- Map previously declared patents to newly published standards or the latest versions of previous standards.
File your continuation applications around standard implemented technology:
- Find out relevant embodiments from pending patent application specifications that map to the standards and draft new claims around standard implemented technology for filing continuations.
- Check the essentiality of the undeclared patents and find out products that are compliant with the mapped standards.
Our internal team consists of technology experts having in-depth knowledge of standard implemented technologies. The internal team can assist in preparing detailed patent to standard mapping charts based on the insights provided by the tool. This hybrid way of using technology with expertise for essentiality checks always sets you one step ahead of your competitors.