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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 |