Page 20 - A&A Patents&Design Rewind-2016
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i) SEP holders may publicly disclose particularly when a bouquet of patents is used
licensing terms – either on a voluntary in one device?
or on a mandatory basis and/or
AA proposition: Whether a patent is essential
ii) collect information on SEP licensing or not is determined by policies set up by the
terms for actual contracts between Standard setting organizations (SSO), or other
(anonymous) parties, compile this similar agreements. Patent owners directly do
information as a database for courts not mention that a patent is a standard essential
and negotiating parties. Information on patent. Generally, the Court plays an important
contracts could be provided either on a role in determining whether a patent is an SEP
voluntary or a mandatory basis. and decides with the help of technical experts
if the patent claims are essential to a particular
j) What steps can be taken to make the practice standard.
of patent pooling transparent so that royalty
rates are fair and reasonable? l) Whether there is a need of setting up of an
independent expert body to determine FRAND
AA proposition: There is no direct relation terms for SEPs and devising methodology for
between patent pooling and royalty rates. such purpose?
Pooling helps in increasing innovation and thus,
in increasing patent filings. However, pooling AA proposition: The parties involved may
may not be considered a deciding factor for fair negotiate and settle FRAND terms for SEPs.
and reasonable royalty rates. However, an Arbitrator or the Court may
decide any dispute arising between the parties
It would be preferable if the patent holders at the time of negotiations or disputes in
settle royalty rates on individual basis in order determining the royalty rates.
to be fair and reasonable.
The discussion paper can be accessed at:
k) How should it be determined whether a patent http://dipp.nic.in/English/Discuss_paper/
declared as SEP is actually an essential patent, standardEssentialPaper_01March2016.pdf
20 | Patents & Design
