Explaining the Increase in Intellectual Property Disclosure

Simcoe, Timothy; Rotman, Joseph L.

doi:10.2139/ssrn.1396332

Cited by 25 publications

(25 citation statements)

References 5 publications

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“…The core of the VITA proposal is a requirement that participants in any standardsetting processes disclose all patents that may become essential to the standard being developed, along with the maximum royalty rates and the most restrictive non-royalty Lemley [2002], and Simcoe [2006].…”

Section: Concluding Observationsmentioning

confidence: 99%

Standard-Setting, Innovation Specialists, and Competition Policy

Schmalensee

2009

SSRN Journal

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Using a simple model of patent licensing followed by product-market competition, this paper investigates several competition policy questions related to standardsetting organizations (SSOs). It concludes that competition policy should not favor patent-holders who practice their patents against innovation specialists who do not, that SSOs should not be required to conduct auctions among patent-holders before standards are set in order to determine post-standard royalty rates (though less formal ex ante competition should be encouraged), and that antitrust policy should not allow or encourage collective negotiation of patent royalty rates. Some recent policy developments in this area are discussed.

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Section: Concluding Observationsmentioning

confidence: 99%

Standard-Setting, Innovation Specialists, and Competition Policy

Schmalensee

2009

SSRN Journal

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“…Their frequency has grown tremendously during the last decade (Simcoe 2007). This is due to at least two developments.…”

Section: Introductionmentioning

confidence: 99%

“…Thus, open standards can be regarded as certification that technology users will not be squeezed ex post (Farrell and Gallini 1988 (Garud and Kumaraswamy 1993;Blind et al 2011). However, it does not seem accidental that open SSOs proliferated particularly in those industries in which complex technologies offer a multitude of applications and in which demand for interoperability is high (Lemley 2002;Simcoe 2007). When interfaces are standardized, components provided by different suppliers and products from different market segments can be combined to form larger technical systems.…”

mentioning

confidence: 99%

The Value of Disclosing IPR to Open Standard Setting Organizations

Hussinger

Schwiebacher²

2013

SSRN Journal

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In light of the increased demand for interoperability, fragmented ownership of intellectual property and high costs for communicating new technologies, open standard-setting activities emerged as an important coordination and diffusion mechanism. Little is known about the value of contributions to standard setting organizations (SSOs) for technology providers. This paper provides a large-scale empirical assessment of the value of disclosures to SSOs for technology sponsors. Our findings show that disclosures referring explicitly to patents are evaluated positively by the market while this is not the case for blanket disclosures. This indicates that the expected benefits of participating in SSOs outweigh potential disadvantages from making patented technologies available to the market under SSO licensing conditions. The market does not appreciate disclosures to SSOs if there is uncertainty about the associated technologies.

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“…In this context, standard setting is much more demanding in terms of R&D (research and development), representing a key strategic stake for companies that may increase the value of their patented technology by having it approved as part of an industry-wide standard. Patents that would necessarily be infringed by any implementation or adoption of a standard are called standard essential patents [26].…”

Section: Technology Standards and The Interplay With Iprmentioning

confidence: 99%

“…As a consequence, the number of patents infringed by standards has been increasing dramatically over the same period [26], raising concerns about the rising cost of royalties for users of some ICT standards [25]. Besides the growing technical sophistication of standards, this trend is due to a use of patents for a broader set of strategic motives [7] and more aggressive patenting strategies of firms [6] who seek to derive revenue from their standard essential patents.…”

Section: Technology Standards and The Interplay With Iprmentioning

confidence: 99%

The Interplay of Patents and Standards for Information and Communication Technologies

Pohlmann

Blind

2014

PIK - Praxis Der Informationsverarbeitung Und Kommunikation

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ICT products are often interdependent and in some cases indispensably work together. Firms may thus compete on different market levels pursuing different business models to sponsor their proprietary technologies and to maintain market share for their products and services. Interoperability of products is a crucial factor for market success and firms evermore have to coordinate and set standards. These standardized technologies are in some cases protected by patents. Standard essential patents claim an invention that must be used by any company to comply with a technical standard. They are subject to a new and different legal framework which goes beyond the rights of regular patent law. This may influence incentives to develop and specify ICT standards, incentives to invest in R&D or incentives to file patents. Yet, the inclusion of intellectual property in standards, and the strategic behavior of its owners, can have far-reaching consequences for market structure, market entry, and sustained technical progress and innovation. This article discusses current legal and economic issues on the interplay of patents and standards and provides empirical insides on licensing, patenting and coordination.

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Explaining the Increase in Intellectual Property Disclosure

Cited by 25 publications

References 5 publications

Standard-Setting, Innovation Specialists, and Competition Policy

Standard-Setting, Innovation Specialists, and Competition Policy

The Value of Disclosing IPR to Open Standard Setting Organizations

The Interplay of Patents and Standards for Information and Communication Technologies

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