Intellectual property partner Robert Stoll authored an article for Managing IP titled “5G SEP Leadership in 2020,” providing insight on where the top countries and companies leading the telecommunication industry rank in patent ownership for 5G technology.
Patent holders disclose their patents to the European Telecommunications Standards Institute, making them an important resource in 5G patent landscaping reports. However, according to Stoll, because of over-declaration, it is necessary to filter out non-essential patents using essentiality audit studies. Many of the landscaping reports do not incorporate essentiality audit practice or adjust for over-declaration; therefore, many of published 5G patent landscapes tend to misrepresent a company’s share of 5G patents.
In his article, Stoll highlights how accuracy of studies can be assessed by the reported time spent on essentiality audits and if studies rely on companies’ 4G essentiality rates. Additionally, Stoll uses a jurisdictional quality filter in his own study to restrict his analysis to the most valuable patents.
Stoll outlines the quality and transparency issues of several landscaping reports that are causing confusion in the representation of leading 5G companies, and emphasizes that applying the results of 4G essentiality audits using court-approved methodologies is the best approach.