Abstract

As a new technology develops, industry participants often seek to standardize a version of it so that devices exploiting the technology may communicate with one another or be used interchangeably. Patent holders wish to maximize royalties, but nonowners of standard essential patents would like to assure that patents covering an adopted standard are available for licensing at reasonable royalty rates. These problems are addressed through the activities of Standard Setting Organizations or SSOs, typically international bodies such as the European Telecommunications Standards Institute (ETSI), the Institute of Electrical and Electronics Engineers (IEEE) and the International Telecommunication Union (ITU). The patent owners also must agree that, if a standard using a patent so disclosed is adopted, they will be willing to license any such standard essential patent to anyone on fair, reasonable and non-discriminatory or FRAND royalty terms. Keywords: ETSI; FRAND; IEEE; ITU; patent holders; royalty rates

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