What You Need to Know About Standard Essential Patents

Competition Policy International (Vol. 8, No. 2, 2014)

10 Pages Posted: 27 Aug 2014 Last revised: 10 Dec 2014

Michael A. Carrier

Rutgers Law School

Date Written: August 25, 2014

Abstract

In the past several years, standard essential patents, or “SEPs,” have exploded onto the scene. Courts and enforcement agencies around the world have grappled with the nuances they present. What exactly are SEPs? What do attorneys need to know about SEPs?

This article answers these questions. After presenting the setting in which SEPs arise, it addresses three issues: (1) injunctions; (2) antitrust enforcement (in the US, EU, China, India, and Germany); and (3) the determination of fair, reasonable, and nondiscriminatory (“FRAND”) royalties.

Keywords: Standard essential patents, SEPs, RAND, FRAND, antitrust, injunctions

JEL Classification: K21, L40, L41, L63, L86, O30, O31, O34, O38

Suggested Citation

Carrier, Michael A., What You Need to Know About Standard Essential Patents (August 25, 2014). Competition Policy International (Vol. 8, No. 2, 2014). Available at SSRN: https://ssrn.com/abstract=2486622

Michael A. Carrier (Contact Author)

Rutgers Law School ( email )

217 North Fifth Street
Camden, NJ 08102-1203
United States
856-225-6380 (Phone)
856-225-6516 (Fax)

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