Standard-essential patents (SEPs) are patents that claim technology necessary to comply with a technical standard. These standards are often set by industry groups to promote compatibility such as 4G LTE, Wi-Fi, or USB. If a company wants to make products that follow those standards, they must use the patented technology covered by SEPs and usually license them under fair, reasonable, and non-discriminatory (FRAND) terms. When these standards are active and widely used, the value of SEPs is clear. But what happens when a standard is no longer used? Do SEPs simply lose all value? An SEP lawyer can provide important guidance on how long these rights last and what legal options remain.
SEPs Are Still Patents With Enforceable Terms
Even if the technical standard becomes outdated or replaced by a newer version, the patent itself does not automatically expire. Patents are issued with fixed lifespans, usually 20 years from the filing date in most jurisdictions. During that time, the patent holder retains exclusive rights, regardless of whether the standard is still in active use. So, while the commercial value of an SEP may decrease when the standard becomes obsolete, the legal rights tied to the patent still exist.
If a manufacturer continues to make products that comply with an older standard, they may still be required to license the related SEPs. This situation can arise in industries where older technologies remain in use due to cost, infrastructure, or regulatory requirements. Therefore, even as newer standards emerge, some SEPs may retain licensing potential throughout the patent’s term. If you are unsure whether or not yours is up to standards, contact an attorney for help.
Relevance Depends On Ongoing Product Use
The key factor in whether an SEP remains valuable after the standard is no longer promoted is whether products using that standard are still in the market. For example, a standard related to 3G technology might be largely replaced by 5G, but some regions or industries may still rely on 3G-compatible devices. In these cases, companies manufacturing or supporting legacy equipment could still need licenses, and the related SEPs would still matter.
That said, once a standard is truly obsolete and no longer implemented in products or services, the SEP becomes functionally less significant. While the patent owner can still enforce the rights if infringement occurs, the practical opportunities to do so are reduced as a business lawyer can share.
FRAND Commitments May Still Apply
Patent holders who declared their patents as essential to a standard and agreed to FRAND licensing terms may still be bound by those terms, even if the standard is no longer active. These commitments are often made to standard-setting organizations (SSOs) and are intended to maintain fair competition during and after the standard’s lifecycle.
This could matter in legal disputes, especially if a licensee believes they are being charged unfairly for legacy technology. Courts may look at the reasonableness of licensing demands in the context of current usage and technological relevance. Again, it is best to consult a lawyer if you have any questions about this area of law.
Legal Implications Of Holding Onto SEPs
Patent holders must decide whether it makes sense to maintain or enforce SEPs related to outdated standards. There may still be value, especially if legacy systems are active or if enforcement can stop unauthorized use. However, the decision to pursue enforcement should be based on current market data, licensing potential, and the cost of litigation.
Attorneys like those at COFFYLAW can attest that SEP disputes often involve more than just technical definitions — they require careful review of business practices, standard participation, and contractual terms with SSOs. And with laws and standards constantly updating, it is best to seek legal counsel.
SEPs don’t “die” when a standard becomes obsolete. The patent remains enforceable until it expires, and in some cases, the related technology continues to be used in legacy systems. While the commercial value may fade over time, the legal rights still exist and can be enforced under the right conditions. If you’re unsure whether an SEP still holds value or if your company is being asked to license an outdated patent, seeking legal insights from a qualified SEP lawyer can help clarify your options.