EuropeWhen patents become standard: litigation for ‘essential’ patents

Over the past few years, litigation over the infringement of patents that are deemed to be essential to comply with certain technical standards has grown significantly throughout the world. Litigating such standard-essential patents is different from litigating ordinary patents. While it may be easier for patentees to demonstrate that a standard-essential patent is being infringed, the rules of the relevant standard-setting organisation, as well as antitrust considerations, may offer entirely new defences to the defendant. This chapter summarises the most important aspects that arise when dealing with standard-essential patents.

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