Issues and challenges in standard essential patents : Indian perspective

Abstract

This Paper shall examine the synchronization between the technology and law so that the fruits of technology which can be used as a standardized technology and patents (SEP) can be granted to the patent holders so that it becomes a win- win situation to the innovator of technology and society at large. It shall also examine the global issues in standard essential patents and how India has handled such issues by complying with FRAND terms. Since the body granting the SEP is called Standard Setting Organization , therefore the historical prospective of SEP along with the issues arising in SEP shall also be analyzed with emphasis on FRAND terms and the specific case studies of United states, Germany, Japan and China including India shall be analysed mainly on Patent hold up and royalty issues and suggest the remedial measures; taking lessons from other countries and suggest the way forward in the form of recommendation in order to handle the SEP challenges in India in a timely, cost effective manner; as this is also one of the key factor for ease of doing business in India and providing sufficient protection to the Patent holder and avoid any misuse.