The 5G cellular standard is transforming industries, extending connectivity far beyond smartphones and computers into the IoT. From automotive and logistics to smart manufacturing, cities and even healthcare, 5G is driving a revolution that is reshaping entire sectors. Unlike any other technology, 5G is underpinned by thousands of SEPs.

With a dramatic rise in the number of 5G patent owners, 5G-declared patents and potential implementers compared to previous standards, the technology’s impact is extensive. It is redefining legal and business frameworks and transforming the SEP licensing and litigation landscape. While SEP licensing in the smartphone market is mature, cellular IoT licensing in many sectors is still in its infancy. As a result, 5G SEP licensing faces a long journey ahead, navigating geopolitical tensions, global disputes and local regulations that create significant challenges and uncertainty for both SEP owners and implementers.

The race for 5G patents has become more competitive than ever, with significant geopolitical implications as nations vie for leadership in critical technologies. Courts around the world are increasingly involved in setting global FRAND rates; Chinese courts are becoming particularly active and the UPC recently issued its first FRAND ruling. The determination of FRAND rates often includes, among other evidence, a ‘top-down’ approach, where the size of a 5G ultimate owner's portfolio is compared to the overall patent stack to calculate the 5G share. Further, courts are increasingly relying on robust patent data to assess the comparability of licence agreements, emphasising the importance of reliable and transparent data in these decisions.

The dynamic 5G patent race

The new 2025 5G patent report delivers a comprehensive analysis of patent portfolios, technical contributions and SEP market dynamics. Based on market-validated patent-declaration data, the report presents an authoritative ranking and patent portfolio shares of the world’s top innovators. It shows that the number of granted 5G patent declarations has more than doubled in the past three years, growing from slightly over 25,000 declared patent families in 2021 to more than 57,000 declared granted patent families as of October 2024. The leading holders – Huawei, Qualcomm and Ericsson – dominate the top three positions in 5G patent ownership. China-headquartered companies account for over 40% of 5G-declared patent families, while companies headquartered in Europe, South Korea and the United States each hold shares of 15 to 20%.

Huawei, Ericsson and Nokia lead in 5G-related technical standard submissions. By October 2024, the total number of these contributions had surpassed 80,000, marking an all-time high as companies continue to heavily invest in developing the technology. With the upcoming release of 5G Advanced in 2025 and the initiation of 6G development, the industry's momentum shows no sign of slowing down.

The value of patents – particularly SEPs – varies significantly, depending on their scope and utility. While some SEPs encompass foundational technologies that are applicable across multiple generations of standards, others may cover incremental enhancements to niche features with limited practical use. Consequently, simply counting patent families may not accurately reflect a portfolio’s true value or enforceability. A reliable indicator of a patent family’s value is the extent to which other innovations build upon the technology that it protects, and the breadth of the global protection deemed appropriate by its owner.

Based on the Patent Asset Index, there are notable shifts in 5G patent rankings compared to patent family counts. Qualcomm leads the rank, followed by Huawei and Samsung, which has moved up to third place. Significant advancements include InterDigital, rising from rank 17 to seven, reflecting its focus on R&D and SEP licensing. Similarly, the research lab of Shanghai Langbo has advanced from 52 to 23, Fraunhofer Institute has climbed from 27 to 24 and TNO Netherlands has risen from 95 to 54 – all emphasising the strength of R&D-centric organisations.

Notably, businesses specialising in patent acquisition, monetisation and enforcement show remarkable improvements in the Patent Asset Index ranking. For example, Pegasus Wireless, which acquired 5G patents from KT, has moved from 74 to 34. Longhorn IP, which acquired 5G portfolios from FG Innovation and Shanghai Langbo, has advanced its rank from 83 to 38 and Key Patent Innovations, which obtained a 5G portfolio from BlackBerry, has improved its position from 79 to 42.

5G IP Holdings, which owns a former FG Innovation portfolio, has climbed from 124 to 45. IP Bridge, which acquired 5G patents from Huawei and Panasonic, has risen from 141 to 47. New Radio, which owns 5G patents from FG Innovation, has moved from 106 to 48.

These shifts underscore that applying a value-based metric like the Patent Asset Index to 5G-declared patent data alters the landscape, favouring R&D-driven companies and those with rigorous patent acquisition and monetisation strategies. This approach highlights portfolios with higher value, providing a more meaningful assessment than raw patent counts alone.

Mastering SEP licensing challenges with high-quality data

Patent declaration databases provide critical insights into 5G patent ownership, serving as a foundational resource for stakeholders involved in licensing negotiations, patent commercialisation and pool formation. Access to comprehensive data on declared patents, pooled assets and standards contributions is essential to effectively navigate these processes. SEP portfolios are inherently dynamic, evolving alongside advancements in patenting activity and standards progression.

Understanding and calculating market share for a specific standard like 5G requires a detailed analysis based on several key factors. The denominator represents the total number of declared, active and granted 5G patents relevant to the standard in question, while the numerator corresponds to the patent owner's specific 5G-declared patent portfolio. Dividing these two figures yields the patent holder’s share of the total 5G patent stack, providing a benchmark for comparison within the industry. This calculation can be based on the number of declared patents only or quality adjusted via the Patent Asset Index.

These data points enable stakeholders to assess the value of portfolios available for licensing and prepare for FRAND negotiations. This approach also enables benchmarking of SEP licensing offers against comparable agreements. In emerging verticals like IoT – where SEP licensing is still in its infancy – reliable, clean and validated 5G patent data is especially valuable. Robust data-driven analyses are crucial to guide licensing discussions and establish fair market practices technologies.

The road ahead

The application of 5G SEPs in the mobile sector is rapidly expanding into other industries, presenting both opportunities and challenges for SEP owners and standards implementers. For IP professionals, it is vital to anticipate future business needs over the next two, five and 10 years and ensure that licensing strategies are well positioned to support these objectives.

This requires a systematic approach to developing, evaluating and analysing 5G patent portfolios and understanding competitive landscapes across diverse industries. Access to reliable well-curated data on patent declarations, pools and standards contributions is critical for gaining insights into patent ecosystems and assessing the value of 5G portfolios when licensing, joining pools or engaging in SEP transactions.

Proactivity is key; staying ahead of trends and preparing for future challenges will ensure success. A reactive approach risks falling behind in an increasingly dynamic and competitive environment. Key considerations include:

  • active monetisation;
  • negotiating within a complex SEP landscape;
  • lack of reliable databases (see “Why declaration data integrity is crucial for SEP stakeholders”);
  • correlation with standards contributions (rankings based on these often correlate with patent rankings, making them valuable for competitive intelligence and a useful reference point in SEP licensing negotiations); and
  • patent value analysis, as 5G patent rankings can shift significantly when incorporating value-based metrics like the Patent Asset Index.

Tim Pohlmann

LexisNexis Intellectual Property Solutions