Interoperability of communication devices requires that all communication partners use the same standard for communicating. These standards are devised by standard setting bodies, like ETSI (the European Telecommunications Standards Institute), that define the technology and agree on the specifics of such a standard. Companies involved regularly protect their contribution to the standard by applying for patent protection, eventually obtaining a patent covering a certain aspect of the standardised technology, a so-called Standard Essential Patent (SEP).

These patents are essential to the extent that an implementer cannot provide the functionality that the standard promises without infringing the SEP. Since every market player that wants to implement the standard has to license the patent, the concept of FRAND patent licensing for SEPs has developed. FRAND is the acronym for Fair, Reasonable And Non-Discriminatory, which aims to set a level playing field within which every party seeking a license can be granted one. However, since there is no legally binding definition for FRAND, there are diverging view of what actually is FRAND and it has become a ripe field for litigation.

Whatever your field of technology it is essential to understand the world of standard essential patents and their impact on your business. At Mewburn Ellis we have extensive experience in SEPs and IP and have advised both SEP owners and manufacturers (SEP licensees) so are we are well placed to assist you.  Flexible in the way we work, we listen and adapt to your commercial objectives so that we can be an effective and efficient partner for you. We will deliver a practical solution for whatever opportunity or challenge you face, building bespoke teams designed to meet your specific needs.