Standard-Essential Patents And FRAND: Complex Interplay

Law360, New York (November 6, 2012, 5:37 PM EST) -- Patents confer upon the owner of the patent the right to exclude others from making, using, offering for sale, selling or importing the invention for a set period of time. Tensions arise when patented technologies are included as part of industry technical standards, creating standard-essential patents that are required for system interoperability for certain technologies. In such cases, patent owners can make contractual commitments to an industry standard-setting organization (SSO) to license technology on fair, reasonable and nondiscriminatory terms (known as FRAND or RAND) to promote...
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