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ARTICLE · 23 JANUARY 2025

Standard Essential Patents: Can They Cause Issues With Electric Vehicle Development?

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A Standard Essential Patent (SEP) is a patent that claims an invention that is necessary to comply with a particular technical standard.

United StatesIntellectual Property
David P. Lindner
David P. Lindner
Richard Stella
Richard Stella

A Standard Essential Patent (SEP) is a patent that claims an invention that is necessary to comply with a particular technical standard. These types of patents are in a variety of industries, including telecommunications, consumer electronics, and now the electric vehicle (EV) sector. In the context of EVs and interconnected vehicles, SEPs play an important role in enhancing interoperability, increasing safety, and fostering innovation. However, SEPs also present unique challenges, particularly in the EV industry where the intersection of technology, mobility, antitrust, and patent law create amplified complexities to the existence and legality of these essential patents. This alert explores the key problems associated with SEPs in the EV sector and implications for stakeholders.

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