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Patent Trends in filing of Standard-<br />

Essential Patents (SEP s) in India:<br />

Telecommunication Sector<br />

CXO Standpoint<br />

Recent infringement suits filed by Ericsson<br />

over the patent issues have brought into focus<br />

the importance of Standard Essential Patents<br />

(SEPs) in India. For instance, quite a few suits have<br />

been started by Ericsson against home grown and<br />

Chinese mobile handset makers, namely Micromax,<br />

Xiaomi, and Intex. Ericsson is claiming that these<br />

defendants have been infringing on certain standard<br />

essential patents of Ericsson.<br />

STANDARD ESSENTIAL PATENTS (SEPs): An<br />

essential patent or standard-essential patent is a patent<br />

that claims an invention that must be used to comply<br />

with a technical standard. In telecommunication<br />

sector, the SEPs include some of the following<br />

technologies:<br />

• Cellular Base-band chip<br />

• 3G, 4G<br />

• Memory and multimedia cards<br />

• DRAM<br />

• WiFi<br />

• Bluetooth<br />

• GPS<br />

• NFC<br />

• Battery, Audio, MP3, Camera, JPEG<br />

• OS related Standards<br />

Thus, in order to manufacture standard compliant<br />

mobile phones, tablets and other electronic devices,<br />

manufacturers will have to use technologies that are<br />

covered by one or more SEPs.<br />

Also, it is essential that the patent owners complies<br />

with, and endorses, terms that are fair, reasonable and<br />

non-discriminatory (FRAND) for its patent licensing<br />

programs that make standard-essential patents widely<br />

available.<br />

Gaurav Singhal<br />

Director & Co-founder<br />

Patracode<br />

About the Author:<br />

Mr. Gaurav Singhal, Principal IP Attorney,<br />

Director & Co-founder of Patracode,<br />

founded the company with a vision of<br />

providing world class IPR Solutions to every<br />

individual, irrespective of the size of the<br />

service seeker, whether it is for individual<br />

persons, SMB’s or Large Corporates. <strong>The</strong><br />

Co-Founders Mrs. Kavita Poddar and Mr.<br />

Gaurav Singhal, together have worked on<br />

business strategies and models that have<br />

proved to be the most efcient and have<br />

helped them secure the distinction of<br />

being a name to reckon with among the<br />

great IPR Solutions Providers in India.<br />

46<br />

| February 2017 |

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