Essential patent
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Higher category: Patents, Patent law |
An essential patent or standard-essential patent (SEP) is a patent that claims an invention that must be used to comply with a technical standard.[1] Standard-setting organizations (SSOs) normally require their members to agree to license their essential patents on fair, reasonable and non-discriminatory terms.[2] Determining which patents are essential to a particular standard can be complex.[3]
See also
[edit | edit source]- Patent ambush, a situation in which patents are withheld during development of a proposed standard
- Patent infringement, the commission of a prohibited act with respect to a patented invention
- Patent thicket, a negatively connoted term for an overlapping set of patent rights
- Orange-Book-Standard, a German decision on the interaction between patent law and technical standards
- Standardization, the process of creating technical standards
References
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Further reading and viewing
[edit | edit source]- "Potential Antitrust Liability Based on a Patent Owner's Manipulation of Industry Standard Setting", Proceedings of ABA Antitrust Section Spring Meeting (2003) by Janice M. Mueller.
- "Patent Misuse Through the Capture of Industry Standards", 17 Berkeley Tech. L.J. 623 (2002) by Janice M. Mueller.
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