Standard Essential Patents
We represent patent owners and implementers in disputes involving standard essential patents, including FRAND licensing negotiations, royalty determinations, and SEP litigation.
Our Standard Essential Patents Services
Standard essential patents present unique challenges at the intersection of intellectual property law, antitrust considerations, and technology standardization. Our practice provides sophisticated counsel to both patent owners seeking fair compensation and implementers seeking reasonable license terms.
FRAND Licensing Expertise
Patents essential to industry standards typically carry FRAND (fair, reasonable, and non-discriminatory) licensing commitments. We advise on FRAND obligations and their implications, licensing negotiations and strategies, portfolio valuations and royalty calculations, and compliance with standard-setting organization rules.
SEP Litigation
When licensing negotiations fail, litigation may be necessary. We handle patent infringement actions asserting SEPs, FRAND rate determination proceedings, breach of contract claims related to licensing commitments, antitrust claims involving SEP abuse, and complex issues around injunctive relief for SEPs.
Global Coordination
SEP disputes often span multiple jurisdictions with varying legal frameworks. We coordinate global strategies addressing parallel proceedings in US, Europe, China, and other key markets.
Strategic Counsel
We help clients navigate the evolving landscape of SEP law, including recent court decisions, policy debates, and standard-setting organization rule changes that affect SEP licensing and enforcement.
Related Products
Standard Registration
Complete trademark registration for one mark in one class.
Search + Filing
Full clearance search plus application filing.
Frequently Asked Questions
What is the difference between ™ and ®?
The ™ symbol indicates that you claim trademark rights in a mark, but it does not require federal registration. The ® symbol can only be used after your trademark has been officially registered with the USPTO.
How long does trademark registration take?
The typical timeline for USPTO trademark registration is 8-12 months if there are no complications. If office actions or oppositions arise, the process can take 18 months or longer.
Do I need to conduct a trademark search before filing?
While not legally required, we strongly recommend a comprehensive clearance search before filing. A search helps identify potential conflicts that could result in refusal of your application.
What are the USPTO filing fees?
USPTO filing fees are $250 per class using TEAS Plus or $350 per class using TEAS Standard. Additional fees apply for Statements of Use, extensions, and other filings.
Can I trademark a name I'm not using yet?
Yes, you can file an Intent-to-Use (ITU) application before you begin using the mark in commerce. However, you must eventually provide evidence of actual use before the trademark will register.
How long does a trademark registration last?
A federal trademark registration can last indefinitely, but you must file maintenance documents between years 5-6 and renew every 10 years.
Ready to Protect Your Brand?
Schedule a consultation with one of our trademark attorneys. A member of our team will contact you within one business day.
- Free initial consultation
- Transparent, fixed-fee pricing
- Dedicated attorney throughout
- Real-time status updates