An in-depth technical patent analysis of mmWave technologies in 5G : exploring standard essential patents (SEPs)

Abstract

This thesis investigates the role of millimeter-wave (mmWave) technology in the evolution of 5G networks, focusing on its enhanced bandwidth and data rate capabilities, which are critical for supporting applications such as enhanced mobile broadband (eMBB), ultra-reliable low-latency communication (URLLC), and massive machine-type communication (mMTC). The purpose of this thesis is to assess the essentiality of mmWave technology patents within the ETSI database by applying patent claim analysis and claim chart mapping to evaluate their alignment with 3GPP standards. A structured methodology is important for examining the relevance of patent claims when discussing standard essential patents (SEPs) in telecommunications. The work is intended to discover the possibility of Standard Essential Patents (SEPs) by examining the technical scope, claim structure, and relevance of patents to key and technical characteristics of the standards. Additionally, studies have been reported to address unrelated SEP declaration cases within the ETSI database to demonstrate the non-relevance of all declared patents as a potential SEP. The analytical findings of 49 declared patents and discussion with IP Experts demonstrated that only 25-30% of the mmWave 5G declared patents in the ETSI database are potentially to be classified as truly standard essential patents (SEP). Hence, the value and enforceability of the SEP portfolio do not define the total number of declared patents. These results highlight the implications for intellectual property strategy in a competitive technological domain. The research contributes to the understanding of SEP evaluation, proposing methodologies for enhancing intellectual property strategies and highlighting the strategic importance of claim charting in patent analysis.