How are some patents identified as SEPs?

International Standard Setting Organisations (SSOs) – such as ETSI or IEEE – recognise international standards. 3G and Wi-Fi are examples of such internationally-recognised standards.

According to the SSOs, the determination of standards depends on consensus, driven by their members. After a standard is determined, SEP owners (including Ericsson) voluntarily disclose which of their patents are essential to the determined standard, and, undertake to licence these on fair, reasonable and non-discriminatory (FRAND) terms, to any willing licensee.