Friday, June 19, 2020

Japan Study Group's Guide to SEP Valuation

On the Kluwer Patent Blog, Dr. Enrico Bonadio and Dr. Luke McDonagh published a post earlier this week titled Japan:  Guidelines on the 'Fair Value Calculation of SEP for Multi-Component Products'.  The post discusses a five-page document dated April 21, 2020, authored by a Study Group appointed by the Japanese Ministry of Economy, Trade and Industry.  The post accurately and thoroughly summarizes the document, so I don't have much to add.  The group argues that SEPs should be licensed on a license-to-all basis (see my recent post on this issue here), and that royalties should be calculated (1) using a top-down approach and (2) based on the value the patent contributes to the "main product that implements the SEP technology."  Interestingly, the study group says that while "some SEPs do not have a FRAND declaration . . . our 'concept' should also be applied to such SEPs."     

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