A Study on the origin and the negotiate process of Standards Essential Patents

• Main Authors: LO CHIEH-EN, 羅杰恩
• Other Authors: YUN-KEN
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/fcmqbh

碩士 === 國立臺灣科技大學 === 專利研究所 === 107 === This study the intellectual property policy of standard organizations on standard essential patents. The focus on the standard technology users should be attention for negotiating SEP authorization with patentees and how to calculate royalties, Standard essential patents are developed by the telecommunications industry to promote technology standardization. The booming Internet of Things has enabled many devices to join the communications technology. Change the state of the industry's ecology. objects to families and the cities. These communication technologies usually involve communication standards. Internet of Things is widely used in various fields. SEP authorization negotiation by the communications companies. Gradually to all require the use of communications technology. Small and medium enterprises may encounter the situation that SEP patentees require payment of royalties. users should attention to when negotiating SEP authorization with paten owner and royalty are calculated. avoid authorization negotiation time too long. SEP negotiation can be as an important part of enterprise. This study summarizes the actions on the different stages . how to be a good faith negotiation. Avoid an injunction and compensation by the patent owner. When go to court. good faith or malicious would be change the final judgment result at negotiation process. whatever SEP patentee who declaration FRAND offer. Must to follow the FRAND defense, its requirements and limitations. then SEP user can require counter-offer on the FRAND terms.