This training program is designed for legal professionals specializing in SEP standard setting, portfolio development, litigation, and licensing. It aims to cultivate composite legal experts capable of participating in standard setting, developing SEP portfolios, handling SEP litigation, leading SEP licensing negotiations, applying the parts-based methodology to assess undeclared SEPs, and designing technical design-around paths. Upon completion, participants should acquire the following capabilities:
First, master SEP fundamentals and standard organization rules, with deep understanding of the IPR policies and standard-setting processes of ETSI, IEEE, and other standards bodies. Second, possess the ability to participate in standard setting, submit standard proposals, and develop standard-part patents. Third, be familiar with FRAND principles and negotiation practices, able to lead SEP licensing negotiations and apply counter-offer strategies. Fourth, possess practical SEP litigation capabilities covering China, the United States, Europe, the UPC, and other major jurisdictions. Fifth, master the parts-based methodology to assess SEP essentiality, discover undeclared SEPs, and design design-around paths. Sixth, master patent search, patent mapping tools, and AI-based technology assessment methods.
This training is designed for: corporate legal counsel, IP managers, patent agents, standards department personnel, licensing negotiators, international business personnel, and legal practitioners who wish to systematically study SEP standard setting, portfolio development, litigation, and licensing practices.
The training is divided into eleven modules covering the full chain of SEP standard setting, portfolio development, litigation, and licensing, with three specialized modules added: Parts-Based Methodology, Undeclared SEP Assessment, and Technical Design-Around.
| Module | Course Title | Core Content | Corresponding Competency |
|---|---|---|---|
| Module 1 | SEP Fundamentals and Standard Organization Rules | SEP definition, declaration system, FRAND principles, ETSI/IEEE/ISO/IEC rules | Deep understanding of SEP rules and standard organization rules |
| Module 2 | Standard Setting Participation and Standard Proposals | Standard setting process, proposal drafting, working group participation, proposal defense | Participate in standard setting and submit standard proposals |
| Module 3 | SEP Portfolio Development and Standard-Part Patents | Standard-part identification, patent portfolio strategy, claim drafting, timeline management | Develop SEP portfolios and create de facto SEPs |
| Module 4 | SEP Litigation Practice: China, US, Europe | China, US, Germany, UPC litigation procedures, evidence organization, injunctions and anti-suit injunctions | Lead SEP infringement disputes |
| Module 5 | SEP Licensing Projects and Counter-Offer Strategies | Patent portfolio evaluation, license term analysis, counter-offer strategies, business decision support | Lead SEP licensing projects |
| Module 6 | FRAND Compliance and Antitrust | FRAND legal basis, DOJ BRL, EU SEP Regulation, China Antitrust Guidelines | Ensure FRAND compliance and antitrust compliance |
| Module 7 | Existing Patent Pool Domains and HRPP Domain SEP Practice | Avanci, Via LA, Sisvel existing pools; HRPP humanoid robot full-domain SEPs | Handle SEP disputes in existing pools and HRPP domain |
| Module 8 | Parts-Based Methodology and SEP Essentiality Assessment | Standard-part identification, standard mapping, full claim all-elements coverage, essentiality grading | Assess SEP essentiality and support rate design |
| Module 9 | Undeclared SEP Assessment and Discovery | Undeclared SEP definition, four sources, parts-based four-step discovery, value assessment | Discover undeclared SEPs and reduce out-of-pool risk |
| Module 10 | Technical Design-Around | All-elements rule, design-around paths, alternative solution design, equivalence analysis | Design alternative paths and reduce SEP dependence |
| Module 11 | Patent Search, Patent Mapping and AI Assessment Tools | Patent search methods, patent mapping analysis, AI technology assessment methods, tool practice | Familiarity with patent search and AI assessment tools |
This module aims to establish a systematic understanding of SEP fundamentals and standard organization rules.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | SEP Definition and Declaration System | SEP definition, declaration system, declarations ≠ essentiality, actual essentiality rates |
| 2 | Legal Basis of FRAND Principles | FRAND commitments, legal nature, three dimensions (fair, reasonable, non-discriminatory) |
| 3 | ETSI IPR Policy | ETSI IPR database, declaration process, FRAND commitments, information disclosure |
| 4 | IEEE IPR Policy | IEEE SA patent declarations, FRAND commitments, LOA (Letter of Assurance) |
| 5 | ISO/IEC IPR Policy | ISO/IEC patent declaration mechanisms, lack of transparency, undeclared SEP risks |
| 6 | Comparison of Standard Organization Rules | Comparison of ETSI, IEEE, ISO, IEC, ITU-T rules |
This module aims to develop participants' ability to participate in standard setting and submit standard proposals.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Standard Setting Process | ISO, IEC, 3GPP, IEEE, ITU-T standard setting processes |
| 2 | Standard Organization Participation Paths | Participate in ISO via SAC, IEC via IEC China National Committee, 3GPP via CCSA/ETSI, directly join IEEE SA |
| 3 | Standard Proposal Drafting | Technical problem, technical solution, technical advantages, impact on standard, patent declarations |
| 4 | Working Group Participation and Proposal Defense | Working group meeting participation, proposal defense techniques, proposal adoption strategies |
| 5 | Coordination between Standard Proposals and Patent Portfolio | Technical solution coordination, timing coordination, personnel coordination, information coordination |
| 6 | Standard Proposal Simulation | Participants draft standard proposals in groups and simulate proposal defense |
This module aims to develop participants' ability to develop SEP portfolios and standard-part patents.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Standard-Part Identification | Definitions and identification methods of standard parts, core parts, improvement parts, decorative parts |
| 2 | Patent Portfolio Strategy | Prioritize standard parts, claims covering interfaces/protocols/data formats, specification supporting broad scope |
| 3 | Claim Drafting | Covering standard-part features, independent and dependent claims, logical relationships of technical features |
| 4 | Timeline Management | Synchronizing standard proposals and patent applications, securing patent priority dates |
| 5 | Geographic Portfolio | Simultaneous filing in China, US, Europe, Japan, Korea |
| 6 | SEP Portfolio Practice | Participants design SEP portfolios for joint drive interfaces and safety communication protocols in groups |
This module aims to develop participants' practical SEP litigation capabilities across jurisdictions.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | China SEP Litigation Practice | Chinese court SEP litigation procedures, global rate setting, anti-suit injunctions, Supreme People's Court precedents |
| 2 | US SEP Litigation Practice | US federal district courts, ITC, CAFC, eBay four-factor test, IPR/PGR |
| 3 | German SEP Litigation Practice | Munich Regional Court I, Düsseldorf Regional Court, Mannheim Regional Court, injunctive relief |
| 4 | UPC SEP Litigation Practice | UPC procedures, UPC divisions, cross-border injunctions, UPC precedents |
| 5 | UK SEP Litigation Practice | UK High Court, UK Supreme Court, global FRAND rate setting, temporary license declarations |
| 6 | Litigation Strategy Formulation | Litigation strategy, evidence organization, procedure advancement, outcome control |
| 7 | Anti-Suit Injunction Practice | Requirements for ASI applications, China/Germany/UPC ASI practices |
| 8 | Litigation Case Studies | Unwired Planet v. Huawei, Tesla v. Avanci, Huawei v. Netgear, Nokia v. Daimler |
This module aims to develop participants' ability to lead SEP licensing projects.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Patent Portfolio Evaluation | Patent portfolio analysis, essentiality assessment, patent quality evaluation |
| 2 | License Term Analysis | License term structure, royalty terms, licensing level terms, grant-back clauses |
| 3 | Counter-Offer Strategies | Timing of counter-offers, counter-offer strategies, counter-offer techniques |
| 4 | Internal Department Coordination | Coordinate technical, commercial, and financial departments to accurately understand license terms |
| 5 | Business Decision Support | Licensing cost analysis, business decision support, risk-return assessment |
| 6 | Licensing Project Simulation | Simulate SEP licensing projects in groups |
This module aims to develop participants' FRAND compliance and antitrust compliance capabilities.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | FRAND Compliance Framework | FRAND commitments, transparency, essentiality assessment, rate design |
| 2 | US DOJ BRL | Business Review Letter, FRAND, essentiality review, freedom to license outside pool, information firewall |
| 3 | EU SEP Regulation | Greater transparency, essentiality assessment, FRAND rate setting, antitrust review |
| 4 | China Antitrust Guidelines | Horizontal monopoly agreements, abuse of dominance, merger control, grant-back clauses |
| 5 | Patent Pool Antitrust Risks | Price manipulation, illegal tying, collective boycott, abuse of concentration, discriminatory treatment |
| 6 | FRAND Compliance Practice | Participants design FRAND compliance frameworks in groups |
This module aims to develop participants' ability to handle SEP disputes in existing patent pool domains (Avanci, Via LA, Sisvel) and the HRPP humanoid robot full domain.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Avanci Existing Patent Pool Domain SEP Practice | Avanci automotive communications vehicle-level licensing, 2G/3G/4G/5G/C-V2X SEPs, Tesla v. Avanci, Nokia v. Daimler |
| 2 | Via LA Existing Patent Pool Domain SEP Practice | Via LA video codecs, Wi-Fi, Bluetooth, DVB-T2 SEPs, HEVC/VVC rates, annual caps |
| 3 | Sisvel Existing Patent Pool Domain SEP Practice | Sisvel Wi-Fi 6, cellular IoT, AV1, Qi SEPs, SME-friendly, Sisvel v. ASUS/Netgear |
| 4 | HRPP Domain SEP Practice: Communications and Motion Control | HRPP covers communications interfaces, motion control, joint drives, safety interaction, sensor fusion, AI, energy full-domain SEPs |
| 5 | HRPP Domain SEP Practice: Standard-Part Portfolio and Layered Licensing | HRPP standard-part portfolio, complete machine + component + software layered licensing, total royalty cap, SME discounts |
| 6 | Relationship between HRPP and Existing Patent Pools | HRPP does not replace existing pools but complements them; coordinates rates, licensing levels, revenue sharing; supplements undeclared SEPs |
| 7 | Existing Patent Pool Domain Case Studies | Avanci, Via LA, Sisvel typical case analysis, group discussion |
| 8 | HRPP Domain Case Studies | HRPP humanoid robot SEP portfolio, standard-part identification, layered licensing design, group discussion |
This module aims to develop participants' ability to apply the parts-based methodology to assess SEP essentiality. The parts-based methodology was developed by Chengdu Yuxing Patent Agency, which decomposes a technology system into standard parts, core parts, improvement parts, and decorative parts, providing a structured framework for SEP essentiality assessment.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Parts-Based Methodology Core Framework | Definitions and characteristics of standard parts, core parts, improvement parts, decorative parts |
| 2 | Standard-Part Identification and Standard Mapping | Identify standard-part candidates, map standard parts to standard documents, determine normative requirements |
| 3 | Full Claim All-Elements Coverage | All-elements rule, technical feature decomposition, comparison of full technical solution with standard full process |
| 4 | Essentiality Grading and Verification | Grading by parts tier (standard part strong, core part medium, improvement part weak), independent expert review |
| 5 | Parts-Based Methodology and Rate Design | Rate design by essentiality tier, layered licensing, total royalty cap |
| 6 | Parts-Based Methodology Practice | Participants decompose and assess 5G HARQ-ACK and other cases in groups |
This module aims to develop participants' ability to discover undeclared SEPs. Undeclared SEPs are patents that are technically covered by a standard but were never declared to a standards organization. They are not bound by FRAND commitments and constitute 'out-of-pool risk' for patent pools.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Definition and Sources of Undeclared SEPs | Undeclared SEP definition, four sources (strategic non-declaration, enterprise unawareness, no declaration mechanism, drafting mismatch) |
| 2 | Impact of Undeclared SEPs on Patent Pools | Out-of-pool risk, FRAND rate hidden pressure, essentiality ratio reverse bias, increased governance requirements |
| 3 | Parts-Based Four-Step Discovery Method | Technology system parts decomposition, standard-part to standard document mapping, reverse search of patent database using standard-part technical features, essentiality grading |
| 4 | Three Values of Undeclared SEPs | Defensive value, offensive value, negotiation value |
| 5 | Undeclared SEP Discovery Practice | Participants discover undeclared SEPs for joint drive interfaces, safety communication protocols, etc. in groups |
| 6 | Undeclared SEPs and Cross-Licensing | Use undeclared SEPs to exchange for communications SEP licenses, reduce net licensing expenditure |
This module aims to develop participants' ability to design technical design-around paths. The legal basis for design-around is the all-elements rule: an accused infringing solution must contain every technical feature of the claim to constitute infringement.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Legal Basis of Design-Around | All-elements rule, missing technical feature, substituted technical feature, altered technical solution |
| 2 | Application of Parts-Based Methodology in Design-Around | Standard-part identification, standard mapping, alternative path design, essentiality re-assessment |
| 3 | Design-Around Paths | Change DCI format selection, change timing indication parsing, change feedback slot determination algorithm, change transmission method |
| 4 | Three-Layer Design-Around Judgment Framework | Claim interpretation, all-elements coverage, equivalence analysis |
| 5 | Boundaries and Limitations of Design-Around | Mandatory and unique standard features cannot be avoided, equivalence doctrine limits, design-around cost, legal risk |
| 6 | Design-Around Practice | Participants design alternative paths for 5G HARQ-ACK and assess equivalence risk in groups |
This module aims to develop participants' ability to use patent search, patent mapping analysis tools, and AI technology assessment methods.
| Lesson | Course | Core Content |
|---|---|---|
| 1 | Patent Search Methods | Patent search strategies, search query construction, search result analysis |
| 2 | Patent Mapping Analysis | Patent map types, patent mapping analysis tools, patent map applications |
| 3 | AI Technology Assessment Methods | AI-assisted essentiality assessment, AI-assisted patent search, AI-assisted rate analysis |
| 4 | Patent Search and Mapping Tool Practice | Hands-on practice with IPlytics, LexisNexis, PatSnap, etc. |
| 5 | AI Assessment Tool Practice | Hands-on practice with AI-assisted essentiality assessment and AI-assisted patent search |
| Method | Content | Description |
|---|---|---|
| Classroom Lectures | Taught by SEP litigation and licensing experts, standards experts, and parts-based methodology experts | Systematic instruction on SEP fundamentals, standard setting, portfolio development, litigation, licensing, parts-based methodology |
| Case Studies | Analysis of classic SEP litigation and licensing cases | Unwired Planet v. Huawei, Tesla v. Avanci, Huawei v. Netgear, etc. |
| Simulation Exercises | Mock standard proposals, mock SEP licensing negotiations, mock SEP litigation, mock design-around | Group exercises with expert feedback |
| Tool Practice | Hands-on practice with patent search, patent mapping, AI assessment tools, and parts-based methodology tools | Hands-on practice with IPlytics, LexisNexis, PatSnap, and parts-based methodology tools |
| Overseas Study Tour | Attend SEP litigation hearings in Germany, UPC, UK courts | Optional, subject to conditions |
| Assessment | Content | Weight |
|---|---|---|
| Class Participation | Class discussion, case analysis participation | 15% |
| Simulation Exercises | Mock standard proposals, mock SEP licensing negotiations, mock SEP litigation performance | 25% |
| Tool Practice | Patent search, patent mapping, AI assessment tool practice | 15% |
| Parts-Based Methodology Practice | Parts decomposition, essentiality assessment, undeclared SEP discovery | 20% |
| Final Report | Write a standard proposal, SEP portfolio plan, SEP litigation strategy, SEP licensing plan, or design-around report | 25% |
Training faculty includes: SEP litigation lawyers with experience in China, US, Europe, UPC and other jurisdictions; SEP licensing experts with SEP licensing negotiation experience and familiarity with FRAND principles; standards organization experts familiar with ETSI, IEEE, ISO, IEC rules and standard-setting processes; patent pool domain experts familiar with Avanci, Via LA, Sisvel licensing models and litigation cases; HRPP domain experts familiar with humanoid robot full-domain SEP portfolios, standard-part identification, and layered licensing design; parts-based methodology experts from Chengdu Yuxing Patent Agency, familiar with standard-part identification, standard mapping, undeclared SEP discovery, and design-around; patent search experts familiar with patent search and patent mapping tools; AI assessment experts familiar with AI technology assessment methods.
Training duration: suggested in three phases. Phase 1: Foundation training (Modules 1–4), 8 days. Phase 2: Advanced training (Modules 5–7), 6 days. Phase 3: Specialized training (Modules 8–11), 8 days. Total 22 days, delivered in three intensive sessions.
Training fees: determined based on training scale, faculty, venue, tools, etc. Please contact us for details.
Q1: Who is this training suitable for?
Suitable for corporate legal counsel, IP managers, patent agents, standards department personnel, licensing negotiators, international business personnel, and legal practitioners who wish to systematically study SEP standard setting, portfolio development, litigation, and licensing practices.
Q2: Which jurisdictions does the training cover?
Covers China, US, Europe, UPC, and other major jurisdictions, including SEP litigation procedures, FRAND rate setting, injunctions, and anti-suit injunctions.
Q3: What does the standard setting module cover?
Covers standard-setting processes, standard organization participation paths, standard proposal drafting, working group participation and proposal defense, and coordination between standard proposals and patent portfolios.
Q4: What is the parts-based methodology?
The parts-based methodology was developed by Chengdu Yuxing Patent Agency. It decomposes a technology system into standard parts, core parts, improvement parts, and decorative parts. Standard parts most likely correspond to SEPs, core parts may correspond to standard implementation patents, improvement parts may correspond to saving patents, and decorative parts usually do not involve standards. The methodology is used to assess SEP essentiality, discover undeclared SEPs, and design design-around paths.
Q5: What is the legal basis for technical design-around?
The legal basis is the all-elements rule: an accused infringing solution must contain every technical feature of the claim to constitute infringement. If one technical feature can be changed so that the accused solution lacks that feature or implements the same function by different means, it may not constitute infringement.
This training program is designed for legal professionals specializing in SEP standard setting, portfolio development, litigation, and licensing. It covers eleven modules: SEP fundamentals and standard organization rules; standard setting participation and standard proposals; SEP portfolio development and standard-part patents; SEP litigation practice; SEP licensing projects and counter-offer strategies; FRAND compliance and antitrust; existing patent pool domains and HRPP domain SEP practice; parts-based methodology and SEP essentiality assessment; undeclared SEP assessment and discovery; technical design-around; and patent search, patent mapping and AI assessment tools. Through classroom lectures, case studies, simulation exercises, and tool practice, it cultivates composite legal experts capable of participating in standard setting, developing SEP portfolios, handling SEP litigation, leading SEP licensing negotiations, applying the parts-based methodology to assess undeclared SEPs, and designing technical design-around paths.
(Training Organization Name)HRPP
