Essentiality Validation, Data Status, & Definitions

Validation of SEP OmniLytics’ Essentiality Rankings

Of the 55,003 patents involved in U.S. patent infringement lawsuits between 2012/01/03 ~ 2022/02/28, 563 patents are SEPs.

Of the 8,565 patents asserted in IPRs petitioned from 2012/09/16 to 2022/03/01, 222 patents-in-suit are SEPs.

 

*All SEPs indicate the number of independent claims of granted SEPs and not the number of applications 

 

The percentage of SEPs with high TS Relevancy more than doubles in infringement and IPR cases, compared to the percentage of all high TS Relevancy SEPs.

 

SEP OmniLytics' Data Completeness and Timeliness

Data Completeness

InQuartik’s team strives to provide our clients with the most comprehensive ETSI SEP data. We work to maintain a Disclosure Rate of 97%* and above, with 99% as our goal. 

To do this, we filter out the noise (or dirty data) from the raw data retrieved from the ETSI IPR database. 

We first exclude disclosures with non-3GPP-related/withdrawn technical reports/specifications or disclosures with missing technical reports/specifications information from the disclosures extracted from the ETSI IPR database to obtain Qualified 3GPP-related disclosures.

The Effective disclosures adopted in SEP OmniLytics are SEP disclosures that correspond to the numbers in Patentcloud’s database and have undergone IPC testing to confirm no misclassification or error has occurred.

Here is how our Disclosure Rate is calculated:

We have also excluded the following from SEP OmniLytics:

  • Disclosures with patent numbers inferred as U.S. provisional patents
  • Disclosures with patent numbers inferred as unpublished applications**
  • Non-patent-related disclosures 

* Immediate action will be taken if the disclosure rate drops below 97%.
** Unpublished applications are continuously monitored for new updates to their statuses.

Data Timeliness

We update declaration documents from the ETSI IPR Declaration Database on a weekly basis.Please see our data status page (updated daily) for the most updated Disclosure Rate and numbers.

 

SEP OmniLytics' Definitions

Family Definition

SEP OmniLytics uses the EPO DOCDB Simple family definition of “... a collection of patent documents that are considered to cover a single invention.”

SEP OmniLytics uses simple families as the basic unit since a patent that consists of the same technical content as a declared SEP implies that the patent is also a SEP. Also, a SEP’s essentiality which can be proven through a Claim Chart does not necessarily indicate that its family members can also be proven thuswise. This also applies to the indirect priority of the patents.

Therefore, only the simple family of a SEP is considered in each SEP disclosure and not INPADOC extended families (defined as "A collection of patent applications covering similar technical content"). In data adoption, all of the considerations listed here aim to retain data integrity and prevent fueling the over-declaration situation.

5G/LTE Definition

In SEP OmniLytics, the criteria for 5G/LTE SEP landscape includes only SEPs that meet the following criteria:

  1. The technical specification must include at least one 3GPP specified 5G or LTE technical report/specification.
  2. The SEP must have relevant release info:

3. The SEP must be declared after the starting date of R15 for 5G (2016-06-01), and R8 for LTE (2006-01-23).

 

For more details: https://app.patentcloud.com/data-status.html?tab=SepDataQuality