Claim interpretation as the foundation of essentiality, infringement and FRAND licensing in disputes involving standard-essential patents
DOI:
https://doi.org/10.18256/2238-0604.2026.v22i.5387Keywords:
Standard Essential Patents; SEP; FRAND; claim interpretation; patent infringement; essentiality.Abstract
The growing adoption of technical standards has significantly increased litigation involving Standard Essential Patents (SEPs), shifting legal debate toward FRAND licensing, market power, and injunctive relief. This article argues, however, that these issues remain dependent upon a fundamental principle of patent law: the proper interpretation of patent claims. It contends that claim construction is the necessary starting point for determining patent essentiality, infringement, and the scope of FRAND obligations. Based on Brazilian patent law, comparative jurisprudence, and scholarly literature, the article demonstrates that claim interpretation remains the cornerstone of the legal framework governing SEP disputes, connecting patent law, competition law, and the regulation of technology markets.
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Copyright (c) 2026 Eduardo da Gama Camara Junior
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