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1、Copyright 2024 Questel All rights reserved 5G Standard Essential Patents:The Reality Behind the NumbersHow to navigate the 5G SEP landscape by leveraging crucial insights from Concur IPs latest manual essentiality analysisCopyright 2024 Questel All rights reserved 2For this study,Concur IPs team of

2、wireless telecom engineersdrew on their deepunderstanding of standard specifications gained fromstudies to support clients inlicensing negotiations,royalty rate disputes,international arbitrations,andlitigation.Concur IPs SEP studies have been reliedupon by judges for royalty rate calculations insev

3、eralcourt cases and international arbitrations.Ourteam members havetestified in internationalarbitrations and litigationson the basis ofouressentiality analysis.Multipleindustry expertshaveendorsed our SEP studies ashighly accuratebased ontheir extensive spot checking,ultimately using thefindings in

4、FRANDroyalty rate calculations using thetop-down approach.Examples of litigation matters which have usedConcur IPs studies:TCL v Ericsson Unwired Planet v Huawei ASUS vInterDigital Huawei v T-MobileWho We AreConcur IP is a widely recognized and trusted partner for conductingStandard Essential Patent

5、(SEP)essentiality studies.Our team hasexpertise in working on standards related to cellularcommunication,audio-video codecs,WiFi,wireless charging,andPassive Optical Networks(PON).Copyright 2024 Questel All rights reserved 35G patent declarations are exploding at unprecedented levels,making it extre

6、mely difficult for corporates and law firms to extract critical insights for licensing negotiations and litigations.As of November 2023,there were more than 75,000 5G families declared to ETSI,out of which more than 65,000 families have at least one patent filing in US,EP,or CN.In this report,we nav

7、igate the complex 5G SEP landscape to uncover the declaration trends,major geographies owning the 5G SEPs,and true essentiality statistics of SEP owners using manual essentiality analysis.Executive SummaryManual essentiality analysis is a MUST to extract transparent and reliable 5G SEP insights and

8、assess relative strengths of 5G portfolios of SEP owners.Copyright 2024 Questel All rights reserved 4This study included analysis of 5G patents declared to ETSI up to December 31,2022.A total of around 350,000 patents grouped in more than67,000 patent families(“declared families”)were found relevant

9、 to 5G with about 41,000 families active(granted and alive)in US,Europe,or China.A sample of over 20,500 families(i.e.,50%of the total families active in US,Europe,or CN)was assessed using manual analysis of patent claims against the declared standards.Around 4,000 essential families were found,indi

10、cating an average essentiality rate of around 20%.Among the SEP owners,there are huge variations in essentiality rates;thus,it is very important to proactively identify true essentiality rate of a SEP holder for effective licensing negotiations.The report can be used to obtain crucial insights such

11、as Essentiality Rate of each patent owner,Distribution of SEP families into UE(User Equipment)SEP families and Non-UE SEP families,and%share of each patent owner in the total share of SEPs.5G implementers should be proactive in obtaining essentiality insights of SEP holders and approach licensing ne

12、gotiations armed with reliable essentiality analysis reports.41,000 Families Active in US,Europe,or China20,500 Families Manually Assessed4,000 Essential Families67,000 5G Declared Families Questel 2023Figure 1:Funnel ApproachCopyright 2024 Questel All rights reserved 55G:An Already Crowded Area!Hug

13、e number of 5G families along with wide coverage in keygeographies show the willingness of the patent owners to occupy asmuch space as possible.The cut-off date used for preparing our dataset isDecember 31,2022.The datasetincluded67,895 5Gfamiliesdeclared to ETSI.We further divided thedataset into t

14、hree categories:Families with active(granted and alive)US,EP,orCN patents(41,085 familiescomprising60%of the totaldeclared families)Families having no granted patent(23,046 familiescomprising34%of the totaldeclared families)Remaining families (3,764 familiescomprising6%of the totaldeclared families)

15、Out of the 23,046 familieswithout any grantedpatent,around72%have at least one US,EP or CNpublished application,indicating that these familieswill soon move to the category of families withactive US,EP,or CN patents.Questel 202367,895 5G Declared FamiliesFamilies with no granted patentRemaining Fami

16、lies Figure 2:Distribution of 5G Declared FamiliesCopyright 2024 Questel All rights reserved 6Counts are incomplete due to lag between filing and publication of a patent applicationFigure 3:Cumulative Number of declared families by priority yearThe Race for Ownership 3GPP standardization activities

17、for 5G standards started in 2015,resulting in anincreasing trend in the priority filingsof 5G families from 2015 onwards.The 2017-2019 period saw the maximum number of priority filings,withover9,000patents filed each year.Note:Patent data for the recent priority years(2021 and 2022)may not be comple

18、te,as there is usually a time lag between application filing and publication.Since the very first 3GPP activities started,there has been a fastand growing race to have the biggest 5G portfolio possible.Copyright 2024 Questel All rights reserved 7Figure 4:Distribution of declared families by patent o

19、wnerThe Top 5G Industry Players Thetop 10declaring companieshold a majority(75%)of 5G patent families.Chinese companieshave a stronghold on 5G patents withfour out of the top 10players being Chinese companies.The relative positions of the patent owners shown in Figure 4(right)is based onthe count of

20、 declared families,without any filter of essentiality analysis.Therelative position may change significantly after the filter of essentialityanalysis is applied.A few telecom players own most of the 5G technology.They areinvesting dozens of millions per year resulting in huge revenueexpectations fro

21、m SEP licensing.5G users,be ready for those largeexpectations!Copyright 2024 Questel All rights reserved 8ChinaUnited StatesEuropeKoreaJapan47607729898765963058627667Families having a granted patentFamilies not having a granted patent Questel 2023Figure 5:Geographic Distributio

22、n of declared familiesGeographical Distribution of 5GDeclared Families 5G patents are everywhere!Patent owners seek wider geographical protection to cover local players of various geographies within the licensing netand to increase the chance ofgetting at least one granted member within a family.Chi

23、na and the US are very close to each other,both having over 45,000 5Gdeclared families.The US is ahead of China and other countries when comparing families with aagranted patent.Only 25%of the total declared families have a Japanese granted patent/patentapplication.Copyright 2024 Questel All rights

24、reserved 95G Top Player DynamicsOut of the 67,895 declared 5G families,41,085 families have at least one granted and alive patent in US,EP,CN.Figure 6 shows the distribution of families with active US,EP,or CN patent by patent owners.Huawei is well ahead of others,not just in terms of the declared f

25、amilies but even for the families with at least one granted and alive patent in US,EP,CN.Figure 7 shows the distribution after combining the families with at least one active patent in US,EP,CN and the families having only published applications in US,EP,CN(which are likely to be granted in the upco

26、ming years).The ranking of the top 10 companies does not differ much,except Samsung LG and ZTE Nokia switching their positions,indicatinga strong hold by top 10 patent owners of their respective positions in the coming years.In addition to high filings,top patent owners have managed to accelerate ex

27、amination procedures and rapidly develop granted portfolios to assist in licensing/litigations initiatives.In addition to the number of patent families,top players have searched for maximum impact with large protection and high and fast granting rates.10.30%15.43%Figure 6:Distribution of families wi

28、th active US,EP,CN patents by patent ownerFigure 7:Distribution of families with US,EP,CN patent/application by patent ownerCopyright 2024 Questel All rights reserved 10Ownership of the 5G Declared FamiliesWith 41%of the families having at least at least one granted and alive patent in US,EP,CN owne

29、d by Chinese companies,China certainly dominates the 5G market,with Chinese companies filing 5G-related patents worldwide.Interestingly,the share of the 5G patent families owned by US companies is substantially less at 14%.This is even lower than the share owned byKorean companies,which hold19%of th

30、e 5G families with an active US,EP,CN patent.The battle for 5G declarations has been won by Chinese players.In the absence of essentiality checks,this could lead to unexpected leverage forces and huge shift in flow of licensing revenues from US/Europe to China.Questel 2023More than 40%of 5G families

31、 having an active US,EP,CN patent are owned by Chinese companiesFigure 8:Ownership of 5G families with active US,EP,or CN patentCopyright 2024 Questel All rights reserved 115G Essentiality StatisticsWe sampled 20,543(50%)families out of 41,085 families withat least one active patent in US,EP,CN:For

32、each of the top SEP owners,the sample included more than 40%of their declared families to include a fair representation of each SEP owner.Around 20%families were found to be truly essential to the 5G standards.The essentiality rate varies a lot among the patent owners.Around 70%of the total essentia

33、l families are owned by the top 8 players.How to identify strong and weak patents Essentiality analysis can be used to separate strong patents from weak patents within a portfolio and design separate strategies for them.5G users,dont believe in declarations only!You need more accurate data to finely

34、 understand the real picture.Questel 2023Figure 9:Distribution of Truly Essential FamiliesFor Strong patents:Prepare detailed claim charts Conduct validity searches For Weak patents:Out-license or sell Manage costs(reduce filings in certain tech areas,abandon/lapse)Copyright 2024 Questel All rights

35、reserved 12Sample Essentiality StatisticsSome of the findings from manual essentiality analysis include:Essentiality Rate of each patent owner=%of Essential families out of total analyzed families of the patent owner Distribution of SEP Families into UE SEP Families and Non-UE SEP Families.%share of

36、 each patent owner in the total share of SEPs:This is computed by extrapolating the findings from the analysis of the sampled families to obtain the numerator and the denominator for calculating the patent owners share.Examples of key findings covered in our 5G SEP reportCopyright 2024 Questel All r

37、ights reserved 135 Key Takeaways From Our AnalysisOur research has revealed the following key points of note:1OwnershipThe ownership of true SEPs is very different from the ownership of the declared families.2Over declarations3Essentiality knowledge is vitalThe information about true essentiality is

38、 crucial before engaging in any licensing discussions.4Benefits of manual analysisThe manual essentiality analysis can provide numerator and denominator to identify a patent owners market share and corresponding FRAND royalty rate using a top-down approach.5Identifying strong patentsEssentiality ana

39、lysis should be used to identify strong patents within a portfolio.Be ready with detailed claim charts,along with a thorough validity search for strong patentsContact us To find out more or to prepare for your upcoming licensing negotiations,get in touchfor a copy of our manual essentiality analysis

40、 reports.Each player over-declares the patent families,resulting in overestimation of their true SEPs,and this overestimation varies greatly from one player to another.Copyright 2024 Questel All rights reserved Sanjay Nama is co-founder of Concur IP(a Questel company)with over 15 years of experience

41、 in the IP industry.He supports clients in crucial patent licensing studies on patent declarations,technical contributions,and manual essentiality analysis.He has drafted several reports providing critical insights for licensing negotiations and litigations.Questel is an end-to-end IP solutions prov

42、ider to more than 20,000 clients and 1.5 million users across 30 countries.Alongside our comprehensive software suite for searching,analyzing,and managing inventions,patents,designs,trademarks,and domain names,Questel also provides services supporting the IP lifecycle,including prior art searches,SE

43、P analysis,patent drafting,brand protection,international filing,translation,and patent and trademark renewals.These solutions,when combined with our IP cost management platform,deliver clients an average savings of 30-60%across the entire prosecution budget.Contact our experts to findout more about

44、 any of the topics covered in this eBook,including manual essentiality analysis,standard essential patents,and 56 SEPs.About the AuthorsRaj Makwana is a Senior Manager at Concur IP(a Questel company)with over 10 years of experience in the IP industry.He is a subject matter expert in telecom domain and has in-depth knowledge of cellular standard specifications.Copyright 2024 Questel All rights reserved