FAQ
HEVC Advance Patent Pool | VVC Advance Patent Pool | MCBA
Frequently Asked Questions Regarding the
HEVC Advance Patent Pool
You most likely need a license if you sell any products that have HEVC/H.265 encoding and/or decoding capability/functionality. If you would like to discuss any particular products, please submit your request here.
Patent owners that believe they have at least one patent that is essential to the HEVC Standard may be eligible to become licensors in the HEVC Advance patent pool. Information regarding becoming a Licensor can be found here. Please fill out the form to request the patent instructions, and we will contact you and guide you through the process.
You can find that information here.
In general, HEVC software downloaded by users requires a license. However, there are some situations wherein a license is not needed. We suggest that you Contact Us to discuss your particular software and we will let you know whether the software is covered by our agreement (and a license is needed), or not.
There is no initial payment to be a licensee, but a licensee is required to report its and its affiliates’ past sales of relevant products/services, if applicable, and pay royalties for relevant sales after the execution of the license agreement.
You can find that information here.
Licensees to the HEVC Advance Patent Pool enjoy several benefits. For example, the pool provides licensees a one-stop-shop for obtaining patents essential to HEVC/H.265 codecs for a single royalty from multiple licensors, rather than requiring licensees to negotiate separate licenses from individual licensors. Additionally, the licensee can be assured the royalty rates will not change as additional licensors and essential patents are added to the pool during the initial term, and any royalty rate increase for a renewal term is capped at 20%. The license promotes faster and more widespread adoption of HEVC/H.265 video compression within the larger ecosystem, which benefits licensees and consumers. Licensees enjoy a reputational benefit as an entity that respects intellectual property, which can confer legitimacy and reliability. A licensee’s customers enjoy comfort knowing that HEVC products purchased from licensee are licensed to the HEVC Advance Patent Pool.
A royalty is due upon the Sale of a Consumer HEVC Product (or HEVC Content on Digital Media Storage) to an End User, directly or through a chain of distribution, for which an HEVC Essential Patent (listed on the HEVC Advance Patent List) is in force, in either the country of manufacture or the country of sale/distribution. If there are no essential patents in both the country of manufacture and the country of sale/distribution of a particular product, then the licensee owes no royalties for HEVC products distributed or sold to End Users in that country. Our royalty reporting system has been designed to greatly assist our licensees with accurately reporting based on the country of manufacture and sale/distribution, and the reporting system then determines for the licensee the royalty-bearing units and total royalty owed.
Generally, the process involves three steps. First, there is an initial contact between Access Advance and a potential licensee. After initial contact, the second step is for our licensing team to work with your team to explain the licensing program in more detail, including a discussion of scope and affected products. During this phase, the parties can be expected to discuss both commercial and technical aspects of the license, as well as an explanation of particular terms in the license agreement documents. The discussions during this phase can occur by telephone, videoconference, email and other written correspondence or in person as travel allows. The final step to becoming a licensee is for the parties to conclude a patent license agreement (and optionally, a trademark license agreement). The license includes a payment for the licensee’s past sales of products/services with or using HEVC/H.265 codecs (if the licensee signs up before selling HEVC/H.265 products/services, then the past sales amount would be $0). After the license is concluded, the Access Advance administrative team assists licensees with orientation to the royalty reporting system and to confirm compliant patent marking and, if applicable, trademark marking.
Access Advance has established a Duplicate Royalty Policy. This policy is designed to address the potential overlap in patent coverage for a licensee already participating as a licensee in another patent pool or joint licensing program that includes HEVC Advance licensors. Any such licensee has the option to address the duplicate royalty issue under this Policy, or directly with the dual-pool licensors, or through the other HEVC patent pool or joint licensing program. Access Advance stands ready to assist licensees and licensors with making the process as easy as possible as set forth under the Policy. You can read about the policy here.
Structurally, the Patent Portfolio Licenses (“PPLs”) offered under our HEVC Advance and VVC Advance Patent Pools are the same. Certain terms, such as royalty rates and caps, are different.
Our HEVC Advance Patent Pool began with less than 500 patents and now has over 23,000 patents, representing over 75% of all HEVC patents. You can find a full list of our HEVC Licensors here.
Yes, we are accepting patents for HEVC essentiality evaluations. Please fill out this form to let us know you are interested in submitting your patents for evaluation. We will contact you and guide you through the process.
Frequently Asked Questions Regarding the VVC Advance Patent Pool
You most likely need a license if you sell any products that have VVC/H.266 encoding and/or decoding capability/functionality. If you would like to discuss any particular products, please submit your request here.
Patent owners that believe they have at least one patent that is essential to the VVC Standard may be eligible to become licensors in the VVC Advance patent pool. Please complete this form to let us know you are interested in becoming a Licensor. We will contact you and guide you through the process.
You can find that information here.
In general, VVC software downloaded by users requires a license. However, there are some situations wherein a license is not needed. We suggest that you Contact Us to discuss your particular software and we will let you know whether the software is covered by our agreement (and a license is needed), or not.
There is no initial payment to be a licensee, but a licensee is required to report its and its affiliates’ past sales of relevant products/services if applicable, and pay royalties for relevant sales after the execution of the license agreement.
You can find that information here.
Licensees to the VVC Advance Patent Pool enjoy several benefits. For example, the pool provides licensees a one-stop-shop for obtaining patents essential to VVC/H.266 codecs for a single royalty from multiple licensors, rather than requiring licensees to negotiate separate licenses from individual licensors. Additionally, the licensee can be assured the royalty rates will not change as additional licensors and essential patents are added to the pool during the initial term, and any royalty rate increase for a renewal term is capped at 20%. The license promotes faster and more widespread adoption of VVC/H.266 video compression within the larger ecosystem, which benefits licensees and consumers. Licensees enjoy a reputational benefit as an entity that respects intellectual property, which can confer legitimacy and reliability. A licensee’s customers enjoy comfort knowing that the VVC products purchased from licensee are licensed to the VVC Advance Patent Pool.
Additionally, companies that become VVC Advance licensees either before or promptly after their First Sale of a product/service with VVC functionality receive a 10% discount under the VVC Advance Patent Pool License for the Initial 5-Year Term ending 12/31/2025. (Note: 10% discount does not apply to the rates under the MCBA.)
A royalty is due upon the Sale of a Consumer VVC Product (or VVC Content on Digital Media Storage) to an End User, directly or through a chain of distribution, for which an VVC Essential Patent (listed on the VVC Advance Patent List) is in force, in either the country of manufacture or the country of sale/distribution. If there are no essential patents in both the country of manufacture and the country of sale/distribution of a particular product, then the licensee owes no royalties for VVC products distributed or sold to End Users in that country. Our royalty reporting system has been designed to greatly assist our licensees with accurately reporting based on the country of manufacture and sale/distribution, and the reporting system then determines for the licensee the royalty-bearing units and total royalty owed.
Generally, the process involves three steps. First, there is an initial contact between Access Advance and a potential licensee. After initial contact, the second step is for our licensing team to work with your team to explain the licensing program in more detail, including a discussion of scope and affected products. During this phase, the parties can be expected to discuss both commercial and technical aspects of the license, as well as an explanation of particular terms in the license agreement documents. The discussions during this phase can occur by telephone, videoconference, email and other written correspondence or in person as travel allows. The final step to becoming a licensee is for the parties to conclude a patent license agreement (and optionally, a trademark license agreement). The license includes a payment for the licensee’s past sales of products/services with or using VVC/H.266 codecs (if the licensee signs up before selling VVC/H.266 products/services, then the past sales amount would be $0). After the license is concluded, the Access Advance administrative team assists licensees with orientation to the royalty reporting system and to confirm compliant patent marking and, if applicable, trademark marking.
Structurally, the Patent Portfolio Licenses (“PPLs”) offered under our VVC Advance and HEVC Advance Patent Pools are the same. Certain terms, such as royalty rates and caps, are different.
Our VVC Advance Patent Pool currently has 42 Licensors, representing what we estimate will be 40%-50% of all VVC SEPs. The number of VVC patents that have been evaluated to date exceed 1900. VVC is relatively new, and we expect the number of Licensors to continue to grow and the number of patents to grow on the order of 10x-20x over the life of the VVC Advance Program.
Yes, we are accepting patents for VVC essentiality evaluations. Please fill out this form to let us know you are interested in submitting your patents for evaluation. We will contact you and guide you through the process.
Frequently Asked Questions Regarding the Multi-Codec Bridging Agreement (“MCBA”)
The MCBA is a separate agreement available as an option to licensees of the Platform Patent Portfolio Licenses (“PPLs”) under the HEVC Advance(1) and VVC Advance Patent Pools. The MCBA will provide benefits to licensees that include discounts to the aggregate royalty rates and caps owed under both Platform PPLs for products that implement both HEVC and VVC codecs, as compared to what a licensee would pay under the separate HEVC Advance and VVC Advance Platform PPLs, streamlined reporting, and other benefits.
Yes. In order to qualify for the MCBA, you need to be a Licensee under the HEVC Advance Platform PPL as well as a Licensee under the VVC Advance Platform PPL. Please remember that the MCBA is not a license. The Access Advance HEVC and VVC Platform PPLs provide all terms and conditions to be licensed to the essential patents in both pools. Licensees of HEVC Advance’s legacy PPL that are interested in qualifying for the MCBA can transition to the HEVC Advance Platform PPL at any time.
Each license is available separately, so a company could become a Licensee in just one of the pools. The MCBA is an option available to those companies that have executed both the VVC Advance Platform PPL and the HEVC Advance Platform PPL. Existing Licensees under the legacy HEVC Advance PPL that are interested in qualifying for the MCBA can transition to the HEVC Advance Platform PPL at any time.
The MCBA will be in effect for as long as both the VVC Platform PPL and the HEVC Platform PPL are effective. In addition, Licensee may terminate the MCBA effective at the end of any calendar quarter upon at least thirty (30) days prior written notice to Access Advance.
Yes, unless the Licensee is not In-Compliance under either the HEVC Advance Platform PPL or the VVC Advance Platform PPL, the benefits of the MCBA, including the discounted royalty rates, would remain in effect. Irrespective of the status of the MCBA, the terms of the individual HEVC Advance Platform PPL and the VVC Advance Platform PPL would remain in effect.
The royalty rate tables are provided here. The initial rates for VVC+HEVC Products are the same as those for VVC-Only Products for licensees that are In-Compliance with the terms of both the HEVC Advance and VVC Advance Platform PPLs.
The annual caps are provided here. The caps for HEVC-Only Products, VVC-Only Products and VVC+HEVC Products are 25% greater than the VVC Advance Patent Pool caps.
If you only have HEVC-Only Products and/or VVC-Only Products and do not have HEVC+VVC Products, the MCBA would not be applicable and you would only need a license, as appropriate, to the respective the HEVC Advance and/or VVC Advance Patent Pools.
The MCBA provides for a single patent marking notice for HEVC and VVC products rather than a separate patent marking notice for each patent list. It provides for the use of a single HEVC + VVC combined logo to receive the In-Compliance with Trademark royalty rate discounts rather than separate HEVC Advance and VVC Advance logos. There is a single secure site with a single reporting structure to include all of the HEVC-Only Products, VVC-Only Products, and VVC+HEVC Products. This reporting mechanism will then provide a single reconciled invoice.
Footnotes:
(1) The MCBA is not available to licensees of HEVC Advance’s legacy PPL (see https://accessadvance.com/hevc-advance-patent-pool-general-pool-terms/), even if they are licensees of the VVC Advance Platform PPL.