Brief Introduction to New Platform License
The Existing HEVC Advance Patent Portfolio License (“PPL”) has been simplified to create the new HEVC Advance Platform PPL.
- Expands License to cover all current HEVC versions (i.e., thru Version 7) and Optional Features currently covered by Amendment
- Consolidates existing separate royalties for all Advanced Profiles and separate royalties for Optional Features into the existing Main/Main 10 royalty rates
- Caps remain the same as existing license, but separate caps for Optional Features Patents have been eliminated
- Initial Term through 12/31/2025 with automatic extension thru 12/31/2030
Choices for HEVC Patent Implementers and Existing HEVC Advance Licensees
- Existing Licensees can keep their existing HEVC Advance PPL or replace their existing PPL with the new HEVC Advance Platform PPL described herein.
- New Licensees would execute the new HEVC Advance Platform PPL.
Why Existing Licensees Should Sign the New HEVC Advance Platform PPL
- Until the new HEVC Advance Platform PPL is signed, Licensees owe royalties in addition to the Main/Main 10 royalties for any sales of devices with Version 2 Advanced Profiles and/or Optional Features.
- If an audit shows any unreported sales of devices with Version 2 Advanced Profiles and/or Optional Features, royalties will be due for these additional sales.
- Executing the new HEVC Advance PPL is a requirement to take advantage of the HEVC + VVC Multi-Codec Bridging Agreement (“MCBA”) (when launched).
Additional Pool Details
Our new Platform HEVC Program includes a license to all versions through Version 7 of ISO/IEC 23008-2 MPEG-H Part 2 and ITU-T Recommendation H.265(1), including Optional Features(2) (“HEVC Standard”).
Other profiles, extensions, and versions thereof, and new standards separated therefrom (e.g., SEI messaging), as are adopted by the applicable standards setting organizations, may be added in the future upon written notice of Access Advance.
Detailed information regarding What and Whom we license can be found here.
(1) For certain Licensors, the license grand is limited through Version 2 only. See the HEVC Advance Patent List.
(2) Access Advance licenses “Essential Patents on Optional Features,” which means any patent claim covering a feature described in the HEVC Standard that is not required to be implemented in an HEVC Product, but which, if the feature is implemented, must be implemented within the scope of the HEVC Standard and which implementation would necessarily or unavoidably infringe such patent claim.
How Are Patents Evaluated?
Access Advance has retained the law firms of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. and Wolf, Greenfield and Sacks, P.C. as independent Patent Evaluators to provide global patent essentiality determinations.
These independent Patent Evaluators have engaged multiple patent law firms around the world to draw upon their country-specific expertise as needed.
Term of License
- Licenses are offered in five (5) year non-terminable increments ending December 31, 2025, and every 5 years thereafter until all Licensors’ essential patents have expired.
- For each license, the initial 5-year non-terminable term is automatically renewed for an additional non-terminable 5-year term, unless terminated by Licensee in the event there is a change to the license which has a material adverse impact on Licensee (other than a permitted rate increase).
- For example, Licensees that executed the license after Dec. 31, 2020 would be automatically renewed on Dec. 31, 2025 through Dec. 31, 2030, unless terminated as noted above.
Patent Marking and Trademark Discount
Patent marking is required for Consumer HEVC Products and HEVC Content on Digital Media Storage. A reference to the public patent list published on our website is allowed (in accordance with applicable legal requirements).
Option available to include the HEVC Advance Logo on all Licensed Products or their physical device packaging in return for a 10% discount that is included in the published device royalty rates for “In-Compliance with Trademark”. Logo usage guidelines can be found in the Resources section of the main HEVC Advance page on our website. For detailed information regarding the HEVC Advance Patent Pool Royalty Rate Structure, click here.