Standard Essential Patents: A Comparative Study of India, UK, and USA
Authors: - PRIYANKA GOENKA 
Published: June 2023

Standard essential patents (SEPs) are patents that are essential to a particular industry standard and are necessary for competitors to create compatible products. SEPs are particularly important in industries such as telecommunications and electronics, where interoperability is critical. This research project aims to provide a comparative analysis of SEPs in India, the UK, and the USA.

The dissertation will examine the legal, economic, and policy frameworks that shape the functioning of the SEP ecosystem in each jurisdiction and will identify similarities and differences between the three countries. The research will involve a combination of data collection methods, including legal and policy analysis, economic analysis, and qualitative interviews with industry experts and policymakers.

The dissertation aims to contribute to a better understanding of the challenges and opportunities posed by SEPs and to inform policy decisions that can support innovation and competition in these industries.

The study will examine the legal, economic, and policy frameworks that shape the functioning of the SEP ecosystem in each jurisdiction. The research questions will focus on identifying the similarities and differences in the use and regulation of SEPs, as well as the challenges and opportunities posed by these patents in each jurisdiction. The data collection methods will include legal analysis, economic analysis, and policy analysis. The data analysis will employ a combination of qualitative and quantitative methods. The findings of this study will contribute to a better understanding of the role of SEPs in promoting innovation and competition in different industries and jurisdictions.

Standard Essential Patents (SEPs) have become an essential component of modern communication technologies. SEPs owners have to license their patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms to implementers of the standard. However, disputes often arise between SEP owners and implementers over the licensing terms.

This paper provides an overview of the legal and policy frameworks for SEPs in India, the UK and the USA, along with a comparative analysis of these frameworks. The paper also discusses emerging issues in SEPs and their international aspects. Additionally, the paper examines case laws related to SEPs in each of the jurisdictions.

The key findings of this paper highlight that while the legal and policy frameworks for SEPs vary across jurisdictions, they all aim to strike a balance between the interests of SEP owners and implementers. Dispute resolution mechanisms such as mediation, arbitration, and litigation are available in each jurisdiction to resolve disputes related to SEPs. However, the effectiveness of these mechanisms depends on the specific circumstances of each dispute.

The paper also suggests that there is a need for further research on emerging issues related to SEPs, such as the impact of SEPs on competition and innovation. Finally, the paper provides recommendations for policymakers and practitioners on how to improve the legal and policy frameworks for SEPs.

Overall, this paper provides a comprehensive overview of SEPs and their legal and policy frameworks in three important jurisdictions. It also highlights the importance of effective dispute resolution mechanisms and the need for further research on emerging issues related to SEPs.