Validity Analysis for SEPs
A validity analysis for standard essential patents searches for prior art that can challenge the granted claims, starting with the dated technical contributions submitted to standards bodies before a feature was adopted — documents examiners rarely see during prosecution.
Who it's for: implementers challenging an SEP assertion, pool applicants testing their own families, and counsel preparing for FRAND negotiations.
Finding strong prior artis what we estimate the odds at, when it's drawn from contribution documents.
Implementers
Facing an SEP assertion and testing whether the claims will hold.
Pool applicants
Testing their own families before submission.
Counsel
Preparing the art side of a FRAND negotiation.
Why invalidating SEPs is hard
We have to find documents, alone or in combination, that the examiner missed during prosecution and that can actually challenge the granted claims. Standards contributions turn out to be an unusually good place to look: they're dated technical proposals, and they often disclose the claimed idea months or years before the priority date.
Standards bodies we search
Our in-house tool holds contribution documents from these bodies and others, so the first pass through the record is fast rather than manual.
What you receive
- A prior art report drawn first from standards contributions, then patents and journals
- Combination arguments mapped to the claim elements
- Copies of contribution documents with meeting references
- A summary suited to an invalidity contention or office proceeding
Frequently asked questions
Why are standards contributions such a good source of prior art for SEPs?
Contributions are dated technical proposals submitted to a standards body before a feature is adopted. They often disclose the claimed idea months or years before the priority date, and examiners rarely have them. Our in-house tool covers contributions from 3GPP, ETSI, JVET, IEEE 802.11 and other bodies.
Start a validity search
Send over the patent you're challenging, and we'll scope the search.
