Essential Patents, Standards Essential Patents

Patents to which one must have ownership or a license to practice a particular technology, or to comply with a particular standard. Most pioneer patents, if the claims are properly drafted, will be essential patents; incremental patents may be essential if they cover technically or economically vital improvements. Where two Essential Patents held by different parties preclude the other from using his invention, they are usually referred to as “blocking patents.” Technically Essential Patents can be distinguished from Commercially Essential Patents. The term essential patent is most commonly used in the context of multilateral technical standards.

See Standards, Mandatory, Compliance.

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