Patent Landscaping Studies and Essentiality Checks: Rigorous (and Less Rigorous) Approaches

les Nouvelles - Journal of the Licensing Executives Society, Volume LVII No. 1, March 2022

8 Pages Posted: 18 Mar 2022

See all articles by Haris Tsilikas

Haris Tsilikas

Max Planck Institute for Innovation and Competition

Date Written: January 27, 2022

Abstract

Determining which patents are essential to a particular standard (standard essential patents or SEPs) had long been an issue preoccupying almost exclusively technical experts directly involved in essentiality assessments. Recently, however, the topic of essentiality assessment has attracted the attention of policymakers, courts, and the press. This is unsurprising considering the importance of standards for innovation, competition, consumer welfare, and commercial success and competitiveness. In particular, parties involved in essential patent licensing either are keenly interested in how many patents are essential to a specific standard and what is the share of essential intellectual property rights (IPR) owned by each patent owner.

Keywords: patent landscaping studies, essentiality checks, standard essential patents, SEPs, courts, policymakers, patent owner

Suggested Citation

Tsilikas, Haris, Patent Landscaping Studies and Essentiality Checks: Rigorous (and Less Rigorous) Approaches (January 27, 2022). les Nouvelles - Journal of the Licensing Executives Society, Volume LVII No. 1, March 2022, Available at SSRN: https://ssrn.com/abstract=4019630

Haris Tsilikas (Contact Author)

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

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