Essential patent

An essential patent or standard-essential patent (SEP) is a patent that claims an invention that must be used to comply with a technical standard. Standard-setting organizations (SSOs) normally require their members to agree to license their essential patents on fair, reasonable and non-discriminatory terms. Determining which patents are essential to a particular standard can be complex.

Further reading and viewing

 * "Potential Antitrust Liability Based on a Patent Owner's Manipulation of Industry Standard Setting", Proceedings of ABA Antitrust Section Spring Meeting (2003) by Janice M. Mueller.
 * "Patent Misuse Through the Capture of Industry Standards", 17 Berkeley Tech. L.J. 623 (2002) by Janice M. Mueller.