Friday, March 19, 2010

Essential Patent Claim Drafting Strategy: LTE Case Study

Essential patent is defined as a patent that contain one or more claims that are infringed by the implementation of a specification for standardized technology. Essential Patent holds unique characteristic as an intellectual property in a sense that every commercial product should infringe the patent if a product is compatible with the standard. Thus the construction of claims in the essential patent should somewhat different from the case of conventional patent.

LTE is standardized through the 3GPP, and the specification for LTE mobile system (UE and base station) is published as TS 36 series. As the start of worldwide deployment of LTE mobile services, leading mobile equipment vendors, such as Ericsson, Huawei, LG, Motorola, Nokia, Qualcomm, and Samsung, are introducing various innovative LTE products. As the market for LTE products increases, aggressive efforts for holding the LTE essential patents are also intensified among LTE innovation leaders and OEM product manufactures.

Analysis of claims for the essential candidates in lists of patents declared essential to LTE appear at the ETSI IPR Online website suggests several strategy factors in drafting essential patent applications:

Strategy 1. Write the claim using several statutory claim types.

Strategy 2. Claim the invention in all of its commercially significant setting.
Strategy 3. Use claim terms which can match with a specific term in the standard.

For details about the case study, please refer
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