You hold one or more patent(s) that are potentially essential to a dominant technology standard such as W-CDMA, LTE, LTE-Advanced, WiFi, AAC, MPEG4, MPEG2, MP3, etc. You have declared these patents to be potentially essential to the relevant Standards Organization (SSO: Standard Setting Organization) and expect to be able to obtain royalties by licensing them to manufacturers of products that meet these standards under FRAND (Fair Reasonable and Non-Discriminatory) terms imposed by these SSOs and/ or negotiate cross-licenses with other key patent holders either yourself or through a Patent Pool.
However, given the economic implications of an essential patent license, few manufacturers or other key patent holders will consider a voluntary declaration of essentiality to an SSO sufficient for signing a license or cross-license agreement.
It is therefore necessary to have the essentiality of your patents assessed by an independent, credible third party.
The IPSIDE's IPEC (International Patent Evaluation Consortium) network of patent engineers, established in 2002, includes more than 25 industrial property consulting firms in more than 20 countries and at the beginning of 2017 had carried out more than 1 500 patent essentiality assessments covering all technologies and layers of 3GPP (Third Generation Partnership Project) wireless communications standards (ex., radio interfaces, network aspects, voice and video coding/ decoding, Internet) for a large number of companies in Patent Pools or independent.
The IPEC patent engineers with experience in telecommunications, computer science and electronics verify independently and systematically that the interpretation given by the potentially essential patent holder to the correspondence between the relevant claim(s) and the corresponding section(s) of the relevant standard(s) is legally valid and defensible in a court of law if the essentiality would be attacked in the future by a third party. IPSIDE manages the IPEC network and in particular ensures that the patent engineers involved in the evaluations are independent and without conflict of interest with the patent holder. IPSIDE also ensures that the detailed and improved methodology for the encountered specific assessments is rigorously followed by IPEC's patent engineers. This assessment method in particular is one of the key factors that enabled the first W-CDMA patent pool to obtain in 2002 an agreement to operate from the competition regulating bodies in Europe, the United States and Japan.
IPEC has now become the industry's de-facto benchmark for patent essentiality assessments.