Determining FRAND: Is FRAND a Rate? *

Determining FRAND: Is FRAND a Rate? *

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Those contributing patented technologies to the development of a standard are asked to— and do agree to— offer a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate. In essence, committing to providing access to patents that are or may become necessary to the implementation of the standard (i.e., standard essential patents).

But what does it mean to offer a license at a fair, reasonable and non-discriminatory rate? Is FRAND a single rate? Is FRAND a range? What must be considered when determining whether an offered license is FRAND?

We begin our dive into the nuances of FRAND by taking a look at: (1) What FRAND actually means, and whether every licensee is entitled to the same royalty rate; (2) What SEP owners actually agree to when they participate in an SDO; (3) What is justifiable compensation that can be expected with FRAND obligations in play; (4) whether FRAND is a specific number or it represents more than just a particular rate; and (5) whether unwilling licensees are entitled to FRAND.

Materials

Filling the EU’s FRAND Uncertainty Gap

Key U.S. FRAND / RAND Licensing Developments of 2024 [Part 1 | Part 2]

Losing Out on FRAND Rates as an Unwilling Licensee

A New Path to Truly Fair FRAND Rates

SEP Licensing is Not a Promise, It’s a Two-Way Street

Survey

https://www.surveymonkey.com/r/Determining-FRAND