The FRAND background
Standards or Technical Specifications are technical documents which establish rules or guidelines for a technology, to ensure device interconnectivity and interoperability. They are the result of technical discussions held under the auspices of a Standard Setting Organization (SSO), such as the European Telecommunication Standard Institute (ETSI) or the Institute of Electrical and Electronics Engineers (IEEE).
Standard Essential Patents or SEPs are patents protecting technologies “essential” to a given standard, i.e., patents which are necessarily infringed by devices or methods complying with that standard. Under most SSO rules (e.g., ETSI IPR Policy, art. 4) patent owners need to identify or “declare” patents and patent applications which, in their reasonable opinion, are essential to a standard. Such patents are known as “declared SEPs”. For example, a declared 5G SEP is a patent declared by its owner as being essential to the 5G standard.
A FRAND undertaking is the undertaking given by patent owners to the standard organisations to grant a licence for their declared SEPs (i.e., a licence to practice the inventions protected by the SEPs) at Fair, Reasonable And Non-Discriminatory (FRAND) conditions. (e.g., ETSI IPR Policy, art. 6). What does FRAND mean? FRAND is an acronym which means Fair Reasonable And Non-Discriminatory.
FrandAvenue does not pretend to have the answer to this question. FrandAvenue provides tools to its Members to determine, by themselves or through the dispute resolution mechanisms they have agreed upon, the FRAND conditions that will govern their Patent License Agreement.
FRAND covers all terms and conditions of an agreement governing the relationship between the licensor and the licensee of a SEP/SEP portfolio/SEP licensing program. This encompasses the financial conditions (licence fees, royalties...) and all other conditions to make and have made, use, sell, lease, or otherwise dispose of licensed devices or methods. The parties must be satisfied that they have reached a truly FRAND agreement, failing which they must be able to seek the help of an independent third party such as a mediator, a court of law or an arbitral tribunal. FrandAvenue provides template agreements which are purely illustrative of the agreements that SEP licensors and licensees would typically need to discuss when negotiating a FRAND license agreement (Non-Disclosure Agreement, Agreement to Negotiate, Patent License Agreement). Such templates are supplied to help the parties reach their own agreement, based upon their own understanding of what is FRAND. They do not pretend to establish a reference model of FRAND terms. What are the methods to calculate FRAND royalties? Several methods have been used to calculate FRAND royalties. In recent years, two methods have been applied and sometimes combined by Courts of law: the Proportionality Method and the Comparable Licenses Method. Although they diverge as to their methodology both methods rest on the postulate that licensors and SEP users must have access to relevant and accurate information.
For SEPs, a claim chart is the comparison of the SEP claims with the relevant passages of the standard to which the patent was declared essential.
SEP claims generally protect the inventions implemented by a particular element of the network such as a base station, a modem, a user terminal, etc…This is referred to as the "implementation level". The implementation analysis aims at identifying specifically the implementation level to allow more effective negotiations. Indeed, the needs of the SEP user can vary, depending upon the licensed products. What are licensor's rights and obligations? Licensors have the right to a fair compensation for the use of their patents. They have the obligation to abide by their FRAND undertaking. Courts have ruled on this issue. What are the SEP user's rights and obligations? SEP users have the right to implement a standard and practice the inventions protected by relevant SEPs. They have the obligation to compensate fairly the SEP licensor. Courts have ruled on this issue.
A holdup situation is a situation whereby one party forces the other party into agreeing contractual terms it would not have agreed to otherwise.
A holdout situation is a situation where one party unduly stops or slows down the negotiation of a contract. What do Courts of law around the world say about FRAND? For a long time, Courts were asked by SEP licensors to issue injunctions to force SEP users to enter licensing agreements. In the last few years, competition law has played a more important role and Courts in the US, in Europe and in Asia have determined that judges have the power, under the law governing the FRAND undertaking, to determine FRAND conditions. What are the ECJ guidelines? In July 2015, in a case opposing Huawei to ZTE, the European Court of Justice held that "the proprietor of a patent essential to a standard established by a standardisation body, which has given an irrevocable undertaking to that body to grant a licence to third parties on FRAND terms, does not abuse its dominant position by bringing an action for infringement seeking an injunction prohibiting the infringement of its patent or seeking the recall of products for the manufacture of which that patent has been used, as long as: ‒ prior to bringing that action, the proprietor has, first, alerted the alleged infringer of the infringement complained about by designating the patent in question and specifying the way in which it has been infringed, and, secondly, presented to that infringer, after the alleged infringer has expressed its willingness to conclude a licensing agreement on FRAND terms, a specific, written offer for a licence on such terms, specifying, in particular, the royalty and the way in which it is to be calculated, and ‒ where the alleged infringer continues to use the patent in question, the alleged infringer has not diligently responded to that offer, in accordance with recognised commercial practices in the field and in good faith, this being a matter which must be established based on objective factors and which implies, in particular, that there are no delaying tactics. The Court has held, inter alia, that the alleged infringer which has not accepted the offer made by the proprietor of the SEP may invoke the abusive nature of an action for a prohibitory injunction or for the recall of products only if it has submitted to the proprietor of the SEP, promptly and in writing, a specific counter-offer that corresponds to FRAND terms." What are the Working Guidelines of Guangdong High People’s Court on the Trial of Standard Essential Patent Dispute Cases (for trial implementation)? The Working Guidelines of Guangdong High People's Court on the Trial of Standard Essential Patent Disputes established that, when requested to decide whether to grant injunctive relief to a SEP licensor, the Court should consider the following: - Whether it was the SEP licensor's and/or the SEP user's conduct which was at fault during the licence negotiations. -Whether the licence agreement in dispute covers a large territory. If it does, then the Court can set the royalty rates for the entire territory, if it is requested by one party, that such request is reasonable, and that the other party does not object or objects unreasonably. -Whether the parties agree to produce key evidence permitting the determination of SEP royalty rates. If a party unreasonably refuses to produce such evidence, the court may then rely on the royalty rates proposed by the other party. -The approach chosen to analyse the "market value" of the SEPs in dispute. The court should adopt a "top-down" approach, i.e., look at the overall level of royalties associated with a standard and then allocate a portion of this total to an individual SEP licensor based on the strength of its SEPs for that standard. -Whether the parties are willing to continue their negotiations on the royalty rates. If they are, the court may stay the proceedings which should then only resume once a party considers that the negotiations have reached an end.
The question of the royalty basis for FRAND licenses is one of the most debated questions. At the two extremes a FRAND royalty can be calculated on the premise of either the Smallest Saleable Patent Practicing Unit or the Entire Market Value. Combinations of the two methods, taking into consideration other factors such as the service rendered, or the added value of the patented feature are also used. What information do licensors and patent users need to reach a FRAND license agreement? There is many information that should be available to licensors and SEP users for them to be able to reach a FRAND license agreement. They need to understand the SEPs at stake, their relationship with the standard considered, their value in relation to other patents, how the SEPs are used by the products to be licensed etc... The parties to a FRAND license agreement thus need technical information such as claim charts and implementation analyses, as well as commercial and financial information, such as comparable licence agreements, and information regarding the products that will be covered by the license such as bills of components or feature lists. FrandAvenue endeavours to provide all SEP market players with a negotiation framework where they can safely exchange all this information.
How does FrandAvenue work?
FrandAvenue provides a virtual negotiation space in which SEP licensors and SEP users find all the information necessary to the negotiation of a FRAND licence agreement. With only a few clicks FrandAvenue gives its Members the opportunity to have access to each other's licensing conditions (in and out) as well as to their respective dispute resolution choices. FrandAvenue also enables its Members to effortlessly navigate patent portfolios and enhances patent legibility. FrandAvenue assists its Members in the curation of their portfolio and provides them with hundreds of patent analyses undertaken by its team of engineers.
FrandAvenue is an independent initiative which is totally dissociated from SEP licensors and SEP users. This means that FrandAvenue is not financially interested in the results of the negotiations between its Members. This also means that FrandAvenue does not intervene in any negotiation between members. It is not a party and shall not be involved in any discussion, dispute or agreement between Members.
FrandAvenue does not have access to Members' passwords, messages, or documents exchanged or shared on FrandAvenue. The only information available to FrandAvenue is the information listed on the Members' public profiles as well as the Members' payment information.
FrandAvenue covers 2G, 3G, 4G, and 5G with a specific focus on the latter technology. FrandAvenue will soon add patent portfolios covering other technologies.
FrandAvenue focuses specifically on 5G because this technology and in particular the Internet of Things, creates new challenges for market players, who are more numerous than ever. FrandAvenue provides innovative solutions to overcome such challenges.
FrandAvenue is an offspring of Paris law firm Amar Goussu Staub. The Members of the firm have been actively involved in SEP issues for more than 20 years. They have negotiated many FRAND license agreements and have been involved in some of the largest SEP disputes in France and abroad.
About FrandAvenue memberships
With a FrandAvenue membership SEP licensors and SEP users can have access to all 2G-5G patents, portfolios, and standards, as well as other Members' profile and licensing conditions. FrandAvenue Membership also allows Members to create and manage their portfolios, add patents, share licensing conditions, manage their profile and access requests, download templates, secure their exchanges with third parties, negotiate amicably and control their dispute resolution process. This means that once SEP licensors and SEP users become FrandAvenue Members they benefit from a safe haven and have access to necessary information to swiftly reach FRAND agreements by themselves or through the Dispute Resolution Process of their choice. For more information about Memberships, please see our Membership Subscription page.
FrandAvenue offers a variety of services. FrandAvenue can draft claim charts, transform "static claim charts" in "interactive claim charts", provides maintenance services, helps Members organise their portfolio, and analyses standard documents published by ETSI. For more information about additional services please contact us.
When subscribing to FrandAvenue SEP licensors and SEP users enjoy the benefits of their membership (see Membership Subscription Page) while demonstrating that they act in accordance with guidelines outlined by jurisdictions around the world.
How do SEP licensors specifically benefit from FrandAvenue? Once you become a FrandAvenue Member you can easily satisfy the Courts' guidelines in a fully secured environment, within a reasonable negotiation timeframe and at a reasonable cost. FrandAvenue enables SEP licensors to fully disclose their patent portfolios and securely share their FRAND licensing-out conditions, without the risk of being dragged before an unwanted forum.
How much does it cost to use FrandAvenue? The subscription fees depend on the size of the portfolios on FrandAvenue, and the services needed by the company subscribing. Additional services can be tailored to the Member's needs. For more information see the Membership Subscription page or contact us.
By becoming a Member you can enjoy all the benefits of FrandAvenue: You place yourself in a safe haven; You fulfil your obligations as a SEP licensor or SEP user; You obtain unrivalled negotiation information and conditions; You control your Dispute Resolution Process.
You just need to sign up! We will need to verify the identity of the company which is subscribing as well as the identity of its representative. Your membership will be active as soon as we receive the requested information and your subscription fee.
How do SEP users specifically benefit from FrandAvenue? Once you become a FrandAvenue Member you can easily satisfy the courts' guidelines within a reasonable negotiation timeframe and at a reasonable cost in a fully secured environment. FrandAvenue allows SEP users to securely disclose their counterproposal and confidential information while sharing their licensing-in conditions. On FrandAvenue SEP users demonstrate that they are willing licensees, and they can display key terms such as the negotiation process and the dispute resolution process of their choice. SEP users thus protect themselves against the risk of being found acting in bad faith and being enjoined from selling their products.
Any SEP licensor and SEP user (though companies only, no natural person) can become a Member of FrandAvenue. A proof of identity for the company as well as its representative must be provided when registering. This ensures that all Members are legitimate interlocutors. Depending on the subscription chosen, access rights can be extended to Members' designated advisors, legal counsel, patent attorney or other expert acting on behalf of these Members.
Members can create their profile and manage their accounts. More specifically, depending upon their subscription they can: View all declared SEPs for a given technology; View all portfolios created on FrandAvenue; Compare licensors’ portfolios; View all licensing programs created on FrandAvenue; View all published technical standards; Have access to a qualified database of licensees and licensors; Share documents on their public profile; Use FrandAvenue templates; Create and manage their portfolios; Add patents to their portfolios; Create and manage their licensing programs; Share their licensing conditions (in and out); Receive and manage access requests to their licensing conditions; Send requests to access other Members’ licensing conditions; Manage their account (public and private data, messages, requests) Secure their exchanges with other Members; Get Guest Tokens for companies who they want to invite to negotiate on FrandAvenue; Provide access rights to their advisors; Devise and share their negotiation timeline; Devise and share their Dispute Resolution Process. Are Members under any obligation? Yes, FrandAvenue Members must refrain from: Using FrandAvenue data and tools outside of the platform, except within the FrandAvenue Dispute Resolution Process; Using other Members' private data in breach of FrandAvenue Terms and Conditions of use; Initiating any legal action -in relation to the SEPs- against a Member with whom they have entered Patent License Agreement negotiations, other than in accordance with the Dispute Resolution Process agreed with the said Member.
The licensor and the SEP user can both take the initiative of making an offer for a licence.
FrandAvenue does not review any document or message exchanged by Members. More generally, FrandAvenue does not take part in any negotiation or dispute between Members.
FrandAvenue Members remain free to decide whatever course of action they see fit to protect their interests until they reach an agreement by which they enter the Negotiation Phase (see below). Once they have agreed to enter negotiations, if they are unable to reach a final license agreement, then they must resolve their dispute through the Dispute Resolution Process which they have shared before agreeing to enter negotiations. The FrandAvenue Dispute Resolution Process is designed in such a way that the parties know, before the negotiation starts, if their dispute resolution choices will match or not.
About the data provided by Members
How does FrandAvenue ensure that the information available on its marketplace is posted by its legitimate owner? FrandAvenue checks all Members ID as well as those of their representatives when they subscribe. FrandAvenue also checks Members' rights on a given portfolio: portfolio managers and/or licensors who are not the current assignee must provide evidence of their right to manage the portfolio and/or grant licence agreements.
The information available on FrandAvenue is protected at the highest security level. FrandAvenue servers are hosted by the best-in-class server hosts with state-of-the-art firewalls. The documents shared on FrandAvenue are watermarked. This guarantees the authenticity and the integrity of the data shared on FrandAvenue. Moreover, Members manage the access rights to their documents, i.e., they decide which Members they give access to their documents and at which conditions.
All restricted access data, information and documents shared by Members on FrandAvenue are only visible by fellow FrandAvenue Members to whom the data owner has granted access rights. For additional security, Members are invited to share password protected documents only.
First, memberships are only granted to Members after being vetted by FrandAvenue. (For more information see question on "Who can become a Member?") Second, the Member, being either SEP licensor or SEP user, controls who has access to its sensitive data amongst other FrandAvenue Members by granting and managing access rights to its protected documents. At the disclosing Member’s election, access rights are subject to the prior signing of Non-Disclosure Agreements. The disclosing party is also invited to share cyphered or password protected documents. FrandAvenue and Members to whom access rights have not been specifically granted by the disclosing party, and of course anyone else who is not a FrandAvenue Member, cannot have access to the restricted-access data posted by Members.
Members freely choose which information they wish to share and the conditions under which they share such information. For example, Members can share technical information regarding their portfolio, their licensing terms, or their existing licence agreements.
Members can upload any file they want in their Account. Uploading documents on FrandAvenue is very easy. Members need only to log into their account>profile>presentation where they can upload the documents they wish to share.
About the data provided by FrandAvenue
What data does FrandAvenue provide? FrandAvenue provides publicly available data such as information related to SEPs and standards as well as data created by its technical and legal teams such as claim charts, implementation analyses and template licence agreements.
FrandAvenue data comes from the European Telecommunication Standard Institute, the European Patent Office and the FrandAvenue technical team.
FrandAvenue employs a team of highly skilled engineers. They are tasked with selecting at random patents declared essential to 5G to the ETSI and analysing them at the best of their abilities and without bias. This work results in claim charts and implementation analyses, whose number increases every month.
FrandAvenue does its best to deliver the most accurate data from the information publicly available. Our SEP analyses aim at giving our Members a comparison point. However, we strongly believe that SEP licensors are those who understand their SEPs best, reason why we invite our Members to share their own claim charts, which will replace ours.
Members may amend the data related to their patents at any time. To do so Members are invited to share their own claim charts and other technical documents. At their request, we will withdraw our corresponding claim charts to avoid any confusion.
About negotiations on FrandAvenue
FrandAvenue facilitates negotiations between Members and allows them to address all the issues they regard as necessary to entering a FRAND Patent License Agreement. Members can thus: Identify their interlocutors, licensees or licensors, for negotiations. Decide the conditions under which they agree to share their licensing data and make these conditions available on their profile in their FrandAvenue account to fellow Members. Share their Negotiation Timeline, i.e., for how much time they are ready to negotiate a FRAND agreement. Share their chosen Dispute Resolution Process, in the event they don't reach an agreement on FrandAvenue. Manage in a few clicks who they grant or refuse access to their licensing terms from their FrandAvenue account. Assess the technical value of the portfolios and patents and licensing program listed on FrandAvenue, using information on SEPs and standards collected/produced by FrandAvenue and by Members, as well as FrandAvenue’s Portfolio Analysis Dashboard. Use templates and functionalities specifically developed by FrandAvenue (Non-Disclosure Agreement, Negotiation Timeline, Dispute Resolution Process, Agreement To Negotiate, Patent License Agreement). Record their interactions with other fellow Members.
The Negotiation Phase is the period starting on the date at which an access request is granted by a Member and ending on the earliest of the following events: (i) the expiry date agreed at the time the access request is granted (which can be amended by mutual agreement); (ii) the signature of a Patent Licence Agreement or (iii) the beginning of the Dispute Resolution Process. Members are invited to share on their public profile how much time they are prepared to spend on the Negotiation Phase. Members can determine their Negotiation Phase for a particular portfolio, licensing program, or all their licensing terms (licensing-in and licensing-out). When requesting access to a Member’s licensing terms Members can suggest a counter proposal for the Negotiation Phase. The access is granted once the parties find an agreement upon the negotiation timeline. By sharing how much time they are prepared to spend on Negotiations, Members ensure that no time is wasted in unreasonably short or long phases of negotiation.
An access request is a request sent by a Member to another Member on FrandAvenue to access its licensing conditions. These licensing conditions can be: licensing out conditions. They can be associated with a portfolio or licensing program. licensing in conditions. This custom functionality was developed by FrandAvenue to ensure FrandAvenue Members with total control and security over their data.
FrandAvenue makes negotiations easier for its Members: Members upload their licensing conditions, create their Negotiation Timeline, Dispute Resolution Process and Agreement To Negotiate and upload any other document they deem necessary to negotiate effectively on FrandAvenue. Members search licensors, licensees, licensing programs, portfolios, and patents on FrandAvenue. Members request access to licensing terms on FrandAvenue. Members decide at which conditions they grant access to their licensing terms. Members exchange information and negotiate within the agreed timeline and other conditions. Members agree on a Patent Licence Agreement or seek the determination of the terms of the Patent License Agreement by a third party through the applicable Dispute Resolution Process.
A Dispute Resolution Process is a mechanism by which parties resolve a dispute which they failed to settle through amicable discussions. There are three main modes of dispute resolution: Mediation, Arbitration and Court of law: Mediation is a private process in which a third party, a mediator, helps the parties to reach a settlement of their dispute by mutual agreement. Parties must agree on the choice of the mediator or upon the rules of a mediation institution. Arbitration is also a private process in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. Parties must agree on the choice of the arbitrators or upon the rules of an arbitration institution. When the parties have not agreed to a Mediation and/or Arbitration, they can seek legal redress from a Court of law. One of the main difficulties will then reside in the choice of the competent court, especially with international disputes. This can significantly slow down the resolution of the dispute and it often leads to forum shopping.
FrandAvenue Dispute Resolution Process is a negotiation safety-net. It ensures that Members systematically come to an agreement on a dispute resolution mechanism. FrandAvenue Dispute Resolution Process gives Members the assurance that, were their negotiations for a Patent License Agreement to fail, they would already have an agreement on how to resolve their dispute. Members simply indicate in a Dispute Resolution Process table specifically developed by FrandAvenue if they are willing to submit disputes to Mediation, Arbitration and/or Courts of law and choose between options for each of the dispute resolution mechanisms. Once Members have filled in the Dispute Resolution Process table they may display it on their profile in their FrandAvenue Account and/or share it with other Members, on a confidential basis, when requesting or granting access to licensing conditions. The Dispute Resolution Process is solely managed by Members themselves. FrandAvenue does not intervene in their choices nor provide dispute resolution services. This ensures that Members fully control their Dispute Resolution Process.
No, the Dispute Resolution Process is not mandatory. The Dispute Resolution Process is however recommended. Adhering to the process shows that the Member is committed to finding a resolution of the dispute.
Members can exchange all information necessary to enter a Patent License Agreement on FrandAvenue. This includes technical information necessary to assess the licensed portfolio and the licensed products, financial information, and licensing conditions (i.e., legal terms). Members either display this information on their account or exchange it through FrandAvenue fully secured messaging service. Members benefit from an automatic watermarking which guarantees the authenticity of the document they send. FrandAvenue also facilitates the exchange of such information by providing its Members with templates.
Yes, FrandAvenue provides templates of Non-Disclosure Agreements, Agreements to Negotiate, and Patent License Agreements. Members can use these templates at their election. The templates can be found in the Members' Account.
A hold up situation arises when a good faith patent user is forced to negotiate under the threat of an injunction. Under the FrandAvenue Terms & Conditions of Use, FrandAvenue Members undertake not to sue each other during the Negotiation Phase. Members thus cannot threaten one another with an injunction. As a result, no litigation can start, and no holdup situation can exist between two Members during a Negotiation Phase. If the Members are unable to agree upon a mutually acceptable Patent License Agreement within the Negotiation Phase, then the terms of the Patent License Agreement will be decided through the agreed Dispute Resolution Process. If a negotiation cannot be engaged (i.e., the parties do not enter a Negotiation Phase) or if the Dispute Resolution Process aborts (see below), Members are free to seek legal redress outside of the FrandAvenue Dispute Resolution Process. Under the Terms & Conditions of Use a Member must seek to enter negotiations with a fellow Member (i.e., requesting the opening of negotiations by sending an access request) before it can start a litigation against such Member. In any event, FrandAvenue Terms & Conditions of Use leave Members free to act against non FrandAvenue Members as they wish.
Members fill in the FrandAvenue Dispute Resolution Process table. They specify whether, in the event they do not reach an agreement on FrandAvenue, they accept to submit the dispute to Mediation and/or Arbitration and/or Courts. Members choose between options for each of these mechanisms and determine their order of preference for all their choices. They decide if they want to display their Dispute Resolution Process or disclose it confidentially after agreeing upon a Non-Disclosure Agreement.
Members disclose their Dispute Resolution Process table at their own initiative.
Yes, Members can amend their Dispute Resolution Process choices at any time. The last version supersedes prior ones for future agreements to negotiate. The existing agreements to negotiate remain subject to the Dispute Resolution Process choices in effect at the time the agreements were entered with the other Member.
About the patent documentation available on FrandAvenue
The purpose of a claim chart is to assess whether a patent declared essential to a standard is indeed essential. Claim charts allow for the comparison of the claim elements of the patent at stake with the standard to which that patent has been declared essential. In addition to the scoring tool, FrandAvenue has also developed a unique tool, the Portfolio Analysis Dashboard, to facilitate the reading and analysis of claim charts, as well as the evaluation of the essentiality of a whole portfolio.
Publishers on FrandAvenue are intellectual property law firms and specialised IP consultancy services providers. They have a demonstrated experience in standard essential patents mapping, and in advising international clients.
FrandAvenue selects the Publishers through a review of their prior work and a quality assessment process. Publishers must then demonstrate their ability to comply with the quality requirements set forth by FrandAvenue.
All claim charts published on FrandAvenue must comply with the same quality requirements. FrandAvenue has carried out the analysis of a large sample of SEPs which can be used by other Publishers as a reference for quality assessment purpose. These SEPs were selected at random, and do not reflect any editorial policy/position from/of FrandAvenue. The FrandAvenue claim charts can be bought on FrandAvenue Publishing at the same price than the claim charts sold by the other Publishers.
Publishers present on FrandAvenue Publishing can identify themselves as FRAND experts on the FrandAvenue expert portal. Although FrandAvenue does not disclose the name of the authors of the claim charts to preserve their independence, copyrights in each claim chart are always documented.
FrandAvenue has no stake in any company licensing in or out SEPs nor receives any commission from licensing deals. FrandAvenue has no interest in favouring any member, expert or publisher.
FrandAvenue impartiality also extends to:
1. The selection of the SEPs for which claim charts are drafted and sold on FrandAvenue Publishing: Publishers either select the SEPs themselves or request FrandAvenue to provide them with a bucket list of SEPs selected at random.
2. The order of display of the claim charts: their display is dictated by their publication date, which depends entirely on the Publishers drafting capacity.
3. The price of the claim chart: all claim charts are sold at the same price, agreed in advance by FrandAvenue and all Publishers.
Regarding patent documentation, FrandAvenue only checks for formatting issues and technical accuracy, and it is to the Publishers to amend it. FrandAvenue does not intervene in the drafting of the claim chart. FrandAvenue is a marketplace where Publishers sell their products and services to Members.
The claim charts are checked for:
1. Formatting issues: FrandAvenue provides a template which can be found on the Add Listing page of every Publisher’s account. The template is provided to ensure uniformity amongst claim charts and facilitate their reading by FrandAvenue Members. FrandAvenue quality-assessment team checks each of the claim chart for compliance with the template provided. If there is an issue, the listing is rejected, and the publisher is asked to amend its claim chart and reload it of FrandAvenue Publishing.
2. Accuracy: FrandAvenue quality-assessment team does a random check of the technical accuracy of the charts i.e., whether the mapping of the claim elements with the technical standard is accurate and the researcher’s comment coherent with the mapping.
The FrandAvenue technical team oversees the quality assessment. Our team is made of experienced patent researcher who have a specific expertise in Standard Essential Patents.
Yes. There would be multiple claim charts published for the same patent. Publishers can list different claim charts for the same patent. Indeed, Publishers can map different technologies for the same patent and/or multiple publishers can map the same technology for the same patent. The same publisher cannot however publish more than one claim chart per technology.
Before buying it, Members can only see a preview of the claim chart they have selected. FrandAvenue technical team however ensures that all claim charts rigorously meet industry standards.
The claim charts sold on FrandAvenue all rigorously meet industry standards, are drafted following a template provided by FrandAvenue and are checked by FrandAvenue quality-assessment team. All claim charts will display the following information:
1.The independent claims of the reviewed patent, severed in logical elements
2. The correspondence between the reviewed technical specification (TS number to which the patent has been declared essential by the patent owner) and each logical element of each independent claim
3. The patent researcher’s comments
4. An essentiality score for each logical element
This essentiality score is applied both to the independent claims and to each logical element of those claims. This means that Members get a very detailed picture of the essentiality of the patent. The essentiality score is only checked by FrandAvenue for formatting issues.
Patent owners are free to upload their own claim charts for all or some of their patents on FrandAvenue. Patent owners thus always have the possibility to share their own patent analysis.
Their claim charts may then be compared with the Publisher’s ones for the same patents, if available.
For each logical element of each independent claim, the patent researcher identifies the relevant extract of the technical standard at stake (if any!) as well as his or her comments. Members should thus read each claim element in conjunction with the extract of the technical standard identified by the patent researcher to check whether both are matching. The comment added by the patent researcher may point out any incoherence or equivalence he/she has identified. It is commonly accepted that the less the claim element matches with the technical standard, the less the patent at stake is likely to be essential to that standard.
Publishers analyse patent claims to map them with the relevant technical standards. During the analysis, publishers determine essentiality scores based on the mapping of the claim element with the technical standard. If a claim element is fully mapped with the technical standard, the rating is equal to 5 while if an element is not mappable the rating is 0.
The table below shows that each rating corresponds to a percentage range and a very simple description.
|Rating||Corresponding percentage||Corresponding description|
|1||1-25%||Very unlikely to be essential|
|2||26-50%||Unlikely to be essential|
|3||51-75%||Likely to be essential|
|4||76-99%||Very likely to be essential|
Members will have access to the Publishers’ rating after they purchase a claim chart. They can then decide of their own scores, compare them with the scores of the Publisher and use the score of their own choosing.
No, Members cannot amend the Publishers’ essentiality scores for the claim charts they buy. Members however can use the scoring tool on FrandAvenue to decide of their own ratings.
Members can contact FrandAvenue after which FrandAvenue technical team can investigate the chart in more details. If FrandAvenue quality-assessment team finds any issue, FrandAvenue will ask the Publisher who drafted the claim chart to submit an amended version to the Member.
Yes, FrandAvenue can help in the analysis of the claim charts. Members can access the Portfolio Analysis Dashboard and determine how essential a portfolio is from the claim charts they have bought on FrandAvenue.
FrandAvenue can also be contacted to help Members read their claim charts against a fee decided in advance with the Member requesting this service.