Spring is full of joy, wisdom walks together. With the care and support of many experts in the field of information and communication intellectual property, IPRs and lawyers, the 2nd Intellectual Property Frontier Information and Communication Forum (IFIF 2024) was successfully concluded on March 13, 2024 at the Longemont Hotel in Shanghai.
The event was co-hosted by YIP Events & IP Frontier New Media & Compliance Plus, with the theme of "Practice and Exploration of SEP Governance in the Communications Field" during the two-day conference and half-day pre-conference seminar.
At the forum on March 12, Ma Jinghui, a partner of the Patent and Trademark Law Office of the China Council for the Promotion of International Trade, delivered a keynote speech on "Global 5G and 6G SEP Landscape Analysis" to the conference. The intellectual property frontier has now compiled the content of Mr. Ma's on-site keynote speech into a document for the reference and learning of intellectual property industry insiders.
table of contents
1. The number of 5G standard essential patents
2. The main patent holders of 5G technology
3. The development trend of 6G technology
As one of the main manifestations of technological innovation, patents not only carry the competition between enterprises and the state in the field of communications, but also are important legal weapons. Every advancement in communication technology is accompanied by a large-scale patent layout and application, which not only represents the achievement of technological innovation, but also provides legal protection for enterprises and scientific research institutions to ensure that their technological achievements are not infringed. In the communications industry, enterprises with high-quality core technology patents have the leading power in market competition, especially in the field of 5G, and enterprises with standard essential patents can occupy a favorable position in the industrial chain and obtain greater business benefits.
Through professional layout and strategy, enterprises can limit the development of competitors and maintain their own market share and interests. In addition, patents are also driving the standardization and popularization of information technology. In the field of communication, unified technical standards are the basis for interconnection, and the possession of core patented technologies promotes the standardization process of communication technology and promotes the popularization and application of technology.
In the competition in the global communications market, countries with independent intellectual property rights and patented technologies are more competitive. Therefore, by strengthening patent application and protection, the mainland is committed to improving its industrial innovation capabilities and technological level in order to achieve a more favorable position in the global market. Patents play an important role in promoting technological development, which is not only the embodiment of the protection of technological innovation achievements, but also a key element of industrial competition and national strategy. At present, both enterprises and the national level attach great importance to patent work, and a lot of energy has been invested in strengthening patent application and protection.
1. The number of 5G standard essential patents
Based on the situation shown in Figure 1, we can observe the basic situation of 5G SEPs. In the early days, around 2017 and 2018, the number of claims for such patents ranged from about 10,000 to 20,000. However, by 2021, the number of declared 5G SEPs had reached 20,000. By the end of 2023, the total number of 5G SEP claims has actually exceeded 100,000. The 100,000 patents include patent applications and granted patents.
(Figure 1)
Based on the situation shown in Figure 2, we can observe the number of SEPs granted. Initially, in 2015 and 2016, the number was less than 6,000 pieces, but then gradually increased. In particular, in 2017 and 2018, there was a significant increase in the number of SEPs granted. In 2021, although the number decreased slightly compared to the previous one, it remained at a relatively high level overall.
(Figure 2)
2. The main patent holders of 5G technology
The figure below counts some companies with a large number of 5G patents, including well-known companies such as Qualcomm, Huawei, Ericsson, Samsung, Nokia, ZTE LG, etc. These companies have achieved remarkable success in the R&D and innovation of 5G technology and hold a large number of patents. As one of the world's leaders in 5G technology, Huawei ranks among the top in terms of the number of patents, has many valid authorized patents, and has a deep accumulation of 5G chips and devices. Similarly, Qualcomm also plays an important role in 5G technology, not only accounting for a certain proportion of 5G standard essential patents, but also actively participating in the research and development and promotion of 5G technology. In addition, Ericsson, Samsung, Nokia and other companies have also made a large number of layouts in 5G standard essential patents. In general, the companies holding 5G SEPs basically cover many well-known enterprises around the world, and their technological innovation and patent layout have promoted the development and application of 5G technology.
(Figure 3)
Figure 3 shows the number of 5G standard comparison patents claimed by companies, while Figure 4 recounts the number of authorized patents after excluding unlicensed patents. Although some of the businesses are still largely the same, there may be slight changes. Huawei is still leading the way in the number of patents, while Qualcomm is down slightly. The situation of companies such as Samsung and LG is more normal. Although the new entrants do not declare a large number of standard comparison patents, they actually lead in the number of patents granted. According to the statistics of these companies with a large number of 5G SEPs (as shown in Figure 5), the top 10 holders hold nearly 80% of the SEPs, while the next 30 holders account for about 20%. The remaining owners add up to only a small fraction. In general, there may be differences in the control of SEPs by different companies.
(Figure 4)
(Figure 5)
Figure 6 shows the approximate proportion of SEPs held by some companies in five countries: China, the United States, Europe, South Korea and Japan. According to the chart, Chinese companies hold close to or more than 40% of SEPs, followed by the United States, while Europe, South Korea and Japan have a relatively low share. This reflects the basic situation of these five countries in terms of 5G SEPs. Given that the 5G standard has been relatively established, most enterprises have relatively complete declarations for 5G SEPs.
(Figure 6)
3. The development trend of 6G technology
In December 2023, 3GPP announced that it had started preparations for 6G. However, current work is mainly focused on the extension of 5G, the so-called 5.5G. In terms of key metrics such as latency, bandwidth, speed, and reliability, 5.5G's performance is between 5G and the future 6G. 5.5G will define new goals and core capabilities for the subsequent development of 5G, and further enhance the social and economic value of 5G through network introduction and technology enhancement. With the 5G SEP landscape basically determined, the current and next few years will become a critical period for 6G patent deployment.
Figure 7 shows the 6G timeline provided by the International Telecommunication Union. According to the timeline, it is expected that the needs and assessment methods for 6G will be determined by 2026 and the standard output of 6G will be determined by 2030. According to the timeline announced by 3GPP in 2019, it is expected that the standardization of 6G technology will begin in the second half of 2025, while the full 6G standard is expected to be completed in the first half of 2028, followed by the possibility of 6G equipment products in the second half of 2028.
(Figure 7)
Overall, the current global research on 6G is in its infancy, and the overall technical roadmap is not very clear. The current research mainly focuses on determining the operational objectives, application scenarios, basic indicators and potential key technologies of 6G, and has made some progress, but a unified consensus has not yet been formed. As for the time node of 6G commercial research, the International Telecommunication Union and 3GPP and other institutions are basically set around 2030. In general, the development of 6G standards has just begun and is still in its early stages, and the specific technical routes and standards have not yet been fully determined. With the further research and development of various enterprises and scientific research institutions, it can be expected that 6G standards will gradually form in the next few years.
Figure 8 illustrates the 6G application scenarios and design principles proposed by the International Telecommunication Union (ITU). As shown in the figure, the triangle in the center represents the core application scenarios of 5G, while the hexagons on the periphery expand to six new scenarios. The outermost circle represents four design principles, including sustainability, generical intelligence, security, privacy, resiliency, and connecting users. On the basis of these four principles, ITU proposes six specific application scenarios. First, the three communication enhancement scenarios, including immersive communication, hyperscale connectivity, and ultra-reliable communication, are presented as three green scenarios. In addition, three new scenarios are proposed, including pan-generational connection, communication perception integration, and communication AI integration. Pan-generational connectivity actually falls under the category of communication enhancement, and with widespread connectivity, current broadband and Internet services are expected to extend to remote or sparsely populated areas, connecting unconnected users at a lower cost. The integration of communication perception and communication AI is a new scenario proposed for the first time to provide support for functions other than communication. These scenarios enable the definition of new capabilities, such as perception accuracy, resolution, detection probability, and AI-related distributed training and inference capabilities, thereby incorporating new capabilities of perception and AI into the communication system to further enhance communication capabilities.
(Figure 8)
Figure 9 illustrates some of the 6G features proposed by the International Telecommunication Union (ITU), including six new additions and nine enhancements. The new features are shown in the blue area in the upper half of the diagram, while the enhancements are the nine aspects in the green area in the lower part. These enhancements cover improved data rates, user experience data, spectral efficiency and regional traffic capacity, connection density, mobility, latency, reliability, security, and privacy and resiliency. The new features include six new features: Sensor-related, AI-related, Sustainability, Non-Operability, and Localization. The figures also show some relevant values, which are estimated target values based on the study. As standards development and research progresses, each scenario may have specific values defined within these ranges. At present, some consensus and vision have been formed for the application scenarios, possible technologies and basic principles of 6G. Based on these understandings and visions, enterprises can carry out relevant intellectual property layouts. With the clarification of the 6G standard, the relevant patents can be declared as the corresponding standard patents in a timely manner.
(Figure 9)
At present, the formulation of 6G technology is still in its early stages, and the standards of future communication technology may show a trend of diversification, rather than a single standard. This has sparked discussions about whether a globally harmonized standard like 5G can continue to be achieved. First of all, the layout and standard formation of 6G are affected by two factors. On the one hand, 6G covers a variety of scenarios, such as communications, healthcare, transportation, and industry, and these industries have their own unique needs, and it is hoped that 6G standards can give priority to meeting their needs, which may lead to the differentiation of standards or even the emergence of incompatible technical standards. Therefore, enterprises need to make arrangements in advance and strive to grasp the right to speak on 6G technical standards. On the other hand, the development of space-based Internet technology, including the construction of low-Earth orbit satellite networks, needs to be taken into account in the standard-setting process. The development of these emerging technologies will also affect the layout of 6G.
In addition, in the standardization process, there may be technical risks for multiple standards, as well as political or related risks. For example, the current competition between China and the United States is intensifying. A number of countries jointly issued a statement on the development of 6G wireless communication systems, expressing common principles in support of open, free, and globally interoperable, reliable, resilient, and secure connectivity. However, some argue that this could be led by the U.S. government, aiming to start a tech race with China and compete for dominance of the 6G standard. In the face of these challenges, enterprises and alliances in various countries may adopt different strategies, resulting in major challenges for 6G globalization and standardization.
Finally, patent rights, as an intellectual property and intangible asset, also play an important role in the field of 6G. Chinese companies already account for 40% of 5G SEPs, and this proportion is likely to increase further with the efforts of all parties. However, if Chinese companies occupy an absolute leading position in 6G SEPs, it may raise a series of questions and challenges, including possible countermeasures in other countries. Therefore, while pursuing the number of patents and technological development, enterprises need to carefully consider the relevant risks.
Author: Ma Jinghui
Editor: Sharon