Our client, a telecom company in Europe, had a meeting with prospective FRAND licensing targets for licensing negotiations in six months. Thus, the client wanted to improve the 3GPP standard relevance of the patent portfolio for 5G technology and identify new Standard Essential Patents (SEP) pertaining to 5G technology from the patent portfolio. In-house counsels of the client wanted a strategic approach with a quick turnaround time to identify new 5G SEP patents with the inclusion of analysis of 4G declared patents for 5G essential applicability and analysis of newly granted patents. The client wanted an in-depth technical analysis for increasing the number of patents for FRAND licensing.
A Standard Essential Patent (SEP) is a patent that claims an invention used to comply with a standard such as 4G, 5G standard. To identify such patents from the patent portfolio, Ingenious created a custom approach and split the workflow into the following segments:
1. In-depth understanding and analysis of 5G Standard specifications.
2. Identification of the potential patents from the patent portfolio for 5G analysis.
3. In-depth analysis of 4G declared patents from the portfolio.
4. Evaluation of 5G declared patents.
A detailed analysis of the 5G specification from 3GPP was made. Physical layer, MAC layer, and higher-layer standard specifications were analyzed and understood in detail. Standard specifications published by 3GPP were analyzed in detail.
Our team prepared 100 claim charts (40 new mappings on 5G standard specifications and converted 60 already 4G declared patents to 5G essential patents). The claim charts were delivered on a rolling basis so that in-house team of the client could review the charts and provide periodic feedback. We were able to finish the project in three months, thus, giving three months to the client before their meeting.
The claim charts prepared by our team allowed the client to increase the SEP count in the patent portfolio. The client was able to drive more revenue using the FRAND licensing and the charts across multiple geographies helped client to target licensing under FRAND with major players.
The client started analysing the pending applications with the 5G specifications to prepare a 5G SEP ready patent portfolio. Client was able to identify the valuable patents and drive the R&D and growth of the portfolio in the technological areas with a smaller number of SEP.
FRAND licensing was executed between the client with several major smartphone manufacturers.