ARTICLE
27 January 2023

Standard Essential Patents: Connected Cars And Policy

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Potter Clarkson

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Potter Clarkson is one of Europe’s leading full-service IP law firms. Our IP attorneys and solicitors maximise the value of our clients' innovation by providing the experience, vision and clarity required to create, protect, leverage and defend their ideas in the most commercial and strategic ways all over the world.
Our news roundup covers increased access to Internet of Things (IoT) technologies in the connected vehicles sector and policy updates intended to increase options for standards stakeholders.
UK Intellectual Property
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Our news roundup covers increased access to Internet of Things (IoT) technologies in the connected vehicles sector and policy updates intended to increase options for standards stakeholders.

IoT FOR CONNECTED VEHICLES

  • Avanci recently announced an expansion of its cellular Standard Essential Patents (SEPs) marketplace for connected vehicles.
  • Honda, Nissan, and Toyota are among the latest automakers to join the marketplace, which expands 4G coverage to over 80 brands.
  • Avanci's licence program also includes a license to all the 2G, 3G and 4G SEPs of current (and future) patent owners participating in the program as licensors.
  • The license program seeks to avoid future legal battles in the automotive sector, including disputes over who should pay license fees (an automaker or their suppliers).
  • More than 100 million connected vehicles are now covered by the program, with an additional 30-40 million connected vehicles predicted to be licensed in the next year.
  • Commenting further: "We are grateful to all the participants in our automotive licensing program for joining our effort to create a new way to license patents. Our work to date is a strong foundation for building our planned program for 5G connected vehicles," (Laurie Fitzgerald, Senior Vice President at Avanci)

IEEE STANDARDS ASSOCIATION RELEASES UPDATED PATENT POLICY

  • The previous updates, introduced in 2015, have generated tension between implementers and SEP holders who hold opposing views on whether the previous updates are fair1.
  • The latest updates, which came into effect on 1 January 2023, cover:
  • Softer language concerning the determination of Reasonable Rates, from "Should include" to "Some optional considerations are".
  • Language setting the ability of a SEP holder to seek or enforce a prohibitive order against an implementer2.
  • As a middle ground option between making no change to the 2015 policy and removing entire policy provisions, it remains to be seen whether both implementers and SEP holders will be satisfied by the updates.

SEPs AND INNOVATION - UPDATE ON THE UK GOVERNMENT'S CALL FOR VIEWS

  • A call for views on an optimal intellectual property (IP) framework for the SEP ecosystem was held from 7 December 2021 to 1 March 2022.
  • 56 written submissions were received from a diverse range of sectors, the UK Government issuing a response on 5 August 2022.
  • In the absence of consensus on the need for government intervention, a further period is required for the IPO, with other UK public authorities and government departments, to consider the issues and, as appropriate, consider the merits of submitted proposals.

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ARTICLE
27 January 2023

Standard Essential Patents: Connected Cars And Policy

UK Intellectual Property

Contributor

Potter Clarkson is one of Europe’s leading full-service IP law firms. Our IP attorneys and solicitors maximise the value of our clients' innovation by providing the experience, vision and clarity required to create, protect, leverage and defend their ideas in the most commercial and strategic ways all over the world.
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