#IPBestPractices

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Best Practices for Preparing and Prosecuting Standard-Essential Patents

Standard-essential patents (SEPs) are highly valuable as they protect technologies crucial for complying with industry standards and can be widely licensed. To build a robust SEP portfolio, patent applications must balance broad claim scope with compliance to patentability standards like novelty and non-obviousness, while ensuring alignment with current or future industry standards.

A well-drafted SEP application should include a clear and detailed description of the invention, its technical benefits, and how it differs from prior standards. Including alternative embodiments and using terminology consistent with industry standards enhances essentiality and enforceability. Claim language should be broad enough to cover likely implementations but precise enough to avoid prior art and invalidity challenges.

During prosecution, claim amendments must preserve essentiality. Collaborating with patent attorneys familiar with SEP strategies helps maintain claim strength while navigating Examiner objections. Including both standard-essential and implementation-focused claims can diversify the portfolio and improve licensing leverage.

Maintaining application pendency through continuation filings allows for claim refinement as standards evolve. A coordinated global filing strategy is also crucial, prioritizing jurisdictions where relevant products are manufactured or sold. By focusing on quality, strategic scope, and global consistency, companies can develop a SEP portfolio that is both enforceable and commercially valuable.

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