EVALUATING STANDARD ESSENTIAL PATENTS AND FRAND LICENSING ARRANGEMENTS IN INDIA: LEGAL AND POLICY FRAMEWORKS, JUDICIAL TRENDS IN ENFORCEMENT, IMPACT ON COMPETITION, LICENSING STRUCTURES, EFFECTS ON SMES AND MANUFACTURERS, INTERNATIONAL COMPARISONS, DISPUTE RESOLUTION, TRANSPARENCY INITIATIVES, SOVEREIGN PATENT FUND PROPOSAL, STRATEGIC DIRECTIONS FOR INNOVATION PROMOTION, STRONGER CAPACITY BUILDING, EQUITABLE INTELLECTUAL PROPERTY GOVERNANCE
AUTHOR – SATVEER RATHOR, STUDENT AT AMITY UNIVERSITY MADHYA PRADESH
BEST CITATION – SATVEER RATHOR, EVALUATING STANDARD ESSENTIAL PATENTS AND FRAND LICENSING ARRANGEMENTS IN INDIA: LEGAL AND POLICY FRAMEWORKS, JUDICIAL TRENDS IN ENFORCEMENT, IMPACT ON COMPETITION, LICENSING STRUCTURES, EFFECTS ON SMES AND MANUFACTURERS, INTERNATIONAL COMPARISONS, DISPUTE RESOLUTION, TRANSPARENCY INITIATIVES, SOVEREIGN PATENT FUND PROPOSAL, STRATEGIC DIRECTIONS FOR INNOVATION PROMOTION, STRONGER CAPACITY BUILDING, EQUITABLE INTELLECTUAL PROPERTY GOVERNANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (9) OF 2026, PG. 357-368, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
In connecting Internet of Things systems, mobile networks, and smart devices worldwide, standardized technologies play an increasingly important role. Standard Essential Patents protect the key innovations necessary to support essential standards. SEPs spur research and development, as well as empower patent holders with substantial market power. It is important for SEPs to be licensed to others on fair, reasonable, and non-discriminatory (FRAND) terms.
The paper reviews the evolution of the legal and regulatory landscape for SEPs in India. The main takeaway is that the legal framework for SEPs in India has not been clearly delineated and thus the landscape is largely reliant on case law decided by courts of law. Not surprisingly, there is an emerging legal bias favouring patent holders – especially as courts continue to check the efforts of implementers to delay in their strategy to hold-out on patents.
Although this approach strengthens patent rights and disincentivizes opportunistic behaviour, it also presents significant uncertainty and potential barriers to entry for India’s emerging domestic manufacturing and small to medium-sized enterprise (SME) ecosystem. An example of this is the court’s inclination to apply the Entire Market Value Rule (EMVR) to determine royalties owed to patent owners which could lead to excessively high licenses that may dampen competition and innovation.
Based on our findings, this report provides several recommendations for policy. Specifically, it discusses the development of a distinct legal regime for SEPs, clarifying the roles of courts and competition authorities, and initiating government programs, including a developing sovereign patent fund, to support Indian innovators. A fair and transparent SEP regime in place will be crucial for India’s ambition to become a technology leader and innovation hub globally.
Keywords: Standard Essential Patents, SEP Framework, FRAND, Licensing, CCI and SDOs