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ClaimHit / Standards Essential Patents

Standards mode

Find out if your patent is standard-essential

A patent that covers a mandatory requirement of a published standard can be owed a licence by everyone who implements it. ClaimHit maps your claims to the specification itself — 3GPP, IEEE, ETSI, ITU-T, IETF — clause by clause, in the standard’s own words, with the text behind every line.

How SEP analysis works
Why nobody has told you
01

We regularly meet holders who contributed technology to a working group, never filed a declaration with the standards body, and have no idea their patents may be essential. The rights exist and are invisible to the implementers and the licensing programmes that would otherwise be paying for them.

02

Essentiality is a reading of thousands of pages of specification against each limitation of a claim. It is the kind of work that gets quoted as a project and deferred, so it is usually never done at all.

03

Declared-essential lists are self-declarations. Nobody examines them, and nothing in them tells you whether your own patent belongs on one.

What the scan does

The specification, not a summary of it.

01

Mandatory requirements only

A specification’s shall clauses are what an implementation cannot claim conformance without. Those are what your claim elements are mapped to, read out of the published specification text rather than a summary of it.

02

The release that could be essential

A release that froze before your earliest priority date is prior art to your patent, not something it can be essential to. Those are excluded, and the scan targets the earliest release still open when the patent was filed. The screen names the release it chose and why.

03

A Hit Chart against the clause

The claim is decomposed into its limitations and each is charted against the clause it reads on, with the specification’s own wording quoted beside it. That document is where a declaration or a licensing approach starts.

04

An honest NONE

Where the specification does not support a limitation it is reported NONE and never rounded up. A scan that finds nothing essential is a result worth having — it is the one most likely to be wrong if we flattered it.

Bodies covered

Where the specifications come from.

3GPP

5G NR, LTE, UMTS

IEEE

Wi-Fi, Ethernet

ETSI

Telecom, broadcasting

ITU-T

Internet infrastructure

IETF

Internet protocols

What comes back

Enough to take to counsel, or to an implementer.

  • The standard, the issuing body, the specification number and version, and the clause your claim reads on.
  • An element-by-element Hit Chart against that clause, each limitation rated on quoted text.
  • The release the scan targeted, and the reason it was targeted rather than a newer one.
  • The limitations the specification does not reach, named rather than omitted — which is also where a continuation starts, if the family is still open.
FRAND, and what this is not

Most standards bodies require holders to license essential patents on fair, reasonable and non-discriminatory terms. FRAND does not mean free, and the rate turns on what your patent contributes. Read the long version →

A scan is preliminary research, not an essentiality determination. Formal essentiality is a legal conclusion that needs claim construction and qualified counsel; the point is to reach that conversation with the mapping already done. How results are checked →
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