Research On The Identification Of Standard Essential Patents

The identification of Standard-Essential Patents(SEPs)is a fundamental issue in the field of Standard-Essential Patents.A reasonable identification is conducive to the correct positioning of Standard-Essential Patents,which is of great significance in controlling the abuse of rights of patent owners,excluding anti-monopoly and FRAND Licensing.It is also key to reasonably balancing public interest and private right.In addition to the introduction,this article is divided into four chapters.Chapter I begins with the connotation of the Standard-Essential Patents.Through the discussion of patents,technical standards and the combination,the definition and characteristics of Standard-Essential Patents are summarized.Chapter II finds out the problems in the identification of Standard-Essential Patents.Through sorting out the formation process of Standard-Essential Patents,the author summarized the different criteria for the identification,the inconsistencies in the authorized subjects,and the problems with steps the courts take.Chapter III is the core chapter of the article,and it is a summary of the criteria and steps the British courts took to identify the Standard-Essential Patents,through a detailed study of the technical trial A and B of the five technical trials of Unwired Planet v.Huawei.Chapter IV puts forward suggestions for improving the identification.