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ARTICLE · 22 APRIL 2016

Standard Essential Patents

Singhania & Partners LLP
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Recent wars between the smartphone giants over the patent issues have brought into focus the importance of Standard Essential Patents.

IndiaIntellectual Property
Dipak Rao
Dipak Rao
Nishi Shabana
Nishi Shabana
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Introduction

Recent wars between the smartphone giants over the patent issues have brought into focus the importance of Standard Essential Patents (SEPs). SEPs are patents essential to implement a specific industry standard. This implies that to manufacture standard compliant mobile phones, tablets and other electronic devices, such manufacturers will have to use technologies that are covered by one or more SEPs. Standards are technical requirements or specifications that seek to provide a common design for a product or process. Patents which are essential to a standard and have been adopted by a Standard Setting Organization (SSO) are known as SEPs.

The concept of SEPs evolved in India when Ericson in 2011 objected to the importation of handsets by Kingtech Electronics (India), claiming that the handsets infringed several of their SEPs in AMR Codec (Adaptive Multi-Rate) technology. This was the starting point for SEP litigation in India. The Indian Patents

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