Standard Essential Patents (SEPs) protect technologies crucial for implementing industry standards set by bodies like ITU and 3GPP. They are vital in telecom (GSM, 3G, 4G, 5G), Wi-Fi, Bluetooth, video codecs, and more. A patent becomes an SEP when the holder declares it essential to a standard via the SSO’s IPR declaration process. Products complying with the standard must use the patented technology.

Challenges in SEP Essentiality

• Self-Declaration Issue: SEP declarations are self-assessed and rarely independently verified.
• Over-Declaration: Many declared SEPs are not truly essential.
• Business Impact: Overpaying for non-essential patents increases licensing costs and legal risks.

Strategy for Determining Essentiality

1. Comprehensive Portfolio Analysis

• Study patent claims (device, network, method)
• Analyze citations, background, field of invention, and problem statement

2. Database Search

• Use of both paid and unpaid databases
• Categorize each patent as SEP or Non-SEP with documented evidence

Mapping & Gap Analysis

• Claim Mapping: Match claims with technical specifications of LTE standard
• Evidence Charts: Prepared to support essentiality decisions
• Remarks & Comments: Gaps and inconsistencies highlighted for each patent

Results & Insights

• 50% of declared SEPs found non-essential
• Only 25% had device claims relevant to the client's mobile manufacturing business
• Key Outcome: Significant reduction in licensing obligations

Conclusion/Way Forward

Our analysis found that only 50% of the declared SEPs were truly essential, and just half of those had relevant device claims. This left only a few patents essential to our client, enabling a significant reduction in licensing costs. A strategic essentiality check ensures smarter decisions and leaner resource use.