One of the major challenges when licensing, transacting, or managing Standard Essential Patents (SEPs) is that there is no public database that provides information about verified SEPs. Standard-setting organizations (SSOs) such as ETSI (4G / 5G), IEEE (Wi-Fi), or ITUT (HEVC/VVC) maintain databases of so-called self-declared patents to document the fair, reasonable and non-discriminatory (FRAND) obligation. As a result, in the course of licensing negotiations, patent acquisitions, or litigation, the question about which patents are essential and which are not is one of the most hotly debated when negotiating SEP portfolio value, royalties, or infringement claims.
There are two big problems. Not all declared patents are essential and not all essential patents are declared. Both described scenarios show that patent declaration data needs refinement, filtering, extrapolation and a neutral and objective SEP determination and valuation metric.