the essential European patent reform

2023-04-27 18:10:00

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China has doubled its share of standard-essential patents (SEPs) and now overtakes Europe. The Commission wants a more transparent and fair market.

Par Emmanuel Beretta

Thierry Breton, November 10, 2022 in Brussels.
© DURSUN AYDEMIR / ANADOLU AGENCY / Anadolu Agency via AFP

Published on 27/04/2023 at 18:10

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Dn the world of intellectual property, there are patents that are more important than others: SEPs or standard-essential patents (SEPs). There is then no other solution than to go through these BENs to manufacture a product that complies with the standard. They are frequently found in telecom technologies (5G, 6G, wi-fi, Bluetooth), or the MPEG audio format, storage technologies (CD, DVD), photo formats (JPEG), etc. In this case, the custodian of a BEN must sell licenses to its users. This is the counterpart of its de facto monopoly.

The European regulation proposed by Commissioner Breton has two aims: on the one hand, to better protect patent holders, on the other, to allow SMEs to acquire these patents in…