SEP Essentials

What is the purpose of a standard? “The focus of standards development should be the benefit of humanity.” Andrew Myles (quoting from the IEEE’s mission statement ). Andrew Myles has been involved in standards development for decades, starting in the late 1980s. He has been a contributor to ANSI’s FDDI development (ANSI X3T9.5), to the IETF’s Mobile-IP development group, a very long time contributor to IEEE’s 802.11 working group, to 3GPP’s RAN1 Technical Specification Grou

FRAND means Fair, Reasonable and Non-Discriminatory. While the Proposal improves transparency regarding SEPs, it has some significant flaws when it comes to ensuring a fair and non-discriminatory system. This post focuses on the provisions regarding setting an aggregate royalty with a brief discussion of non-discrimination which is barely mentioned in the Proposal. There are four provisions in the Proposal that address the setting of an aggregate royalty (Articles 15 – 18)

As I previously discussed (see EU Proposal - Part One ), the goals of the European Commission’s “Proposal for a Regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001” (“Proposal”) are laudable. The details of the proposal are important however, and this post takes a deeper dive into those details. If those details are done well, the final regulations could do much to accomplish its goals of bringing tra

The EU Strategy on Standardisation was updated last year “to deliver on the twin green and digital transition and support the resilience of the single market.”[1] The Strategy is mostly forward looking and includes plans for a review of “existing standards, to identify needs for revisions or development of new standards to meet the objectives of the European Green Deal and Europe’s Digital Decade and support the resilience of the single market” and to develop new standards to

The European Commission’s “Proposal for a Regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001” (“Proposal”) is an attempt to bring some sanity to what is now a fragmented, difficult, time consuming and expensive FRAND licensing system. In drafting my opening post, I took a walk down memory lane into the global SEP licensing disputes that surrounded the development of the third generation (3G) cellular