The uncertainty regarding the essentiality of declared SEPs is an important topic in the policy debate about FRAND. Different approaches have been proposed to increase transparency about the number of truly essential patents in different patent holders’ portfolios. As assessments of the proportion and number of truly essential patents owned by different patent holders play an important role in FRAND determinations, it is crucial to understand the diversity of existing approaches, and how to properly interpret their results.

While recent research sheds light on different methods on SEP determination approach, policy maker as well as the industry calls for transparency about which patents are truly essential. In this regard an the virtual Research Roundtable on “Mechanisms, Governance, and Policy Impact of SEP Determination Approaches” has discussed results of recent academic research and discussed its implications for the overall policy debate of FRAND determination.

  • Justus Baron: Precision and bias in the assessment of essentiality rates in firms‘ portfolios of declared SEPs (PDF)
  • Rudi Bekkers: Overcoming inefficiencies of patent licensing: A method to assess patent’s essentiality for technical standards (PDF)
  • Fabian Gaessler: Truly Standard-Essential Patents? A Semantics-Based Analysis (PDF)
  • Keith Mallinson: Essentiality Rate Inflation and Random Variability in SEP Counts with Sampling and Essentiality Checking for Top-Down FRAND Royalty Rate Setting (PDF)

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