Over-Declaration of Standard Essential Patents and Determinants of Essentiality

Stitzing, Robin; Sääskilahti, Pekka; Royer, Jimmy; Audenrode, Marc Van

doi:10.2139/ssrn.2951617

Cited by 7 publications

(6 citation statements)

References 34 publications

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“…In its 2017 communication on Standard Essential Patents, the European Commission (EC) expressed its concerns about the lack of transparency regarding actual essentiality (European Commission, 2017), and in a study carried out for the European Commission, the feasibility of setting up a system to generate public, transparent data on actual essentially was investigated (Bekkers et al, 2020). Although studies by Goodman and Myers (2005) and Van Audenrode et al (2017) suggest that only 20 to 40 % of the patents disclosed to ETSI are essential, we expect that these figures vary across SSOs and over time.…”

Section: Disclosure Rulesmentioning

confidence: 86%

Disclosure rules and declared essential patents

et al. 2023

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Section: Disclosure Rulesmentioning

confidence: 86%

Disclosure rules and declared essential patents

et al. 2023

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“…We employ this data in the empirical part of this study. 9 See, for instance, the publicly available reports byGoodman and Myers (2005), Cyber Creative Institute, Article One Partners, Jefferies, and iRunway.10 See, for instance, the studies ofStitzing et al (2017) andLemley and Simcoe (2019). 11 Moreover, the quality of the conducted essentiality checks in terms of thoroughness and objectivity is often hard to evaluate, which has raised some doubts about their credibility (cf Mallinson, 2017)…”

mentioning

confidence: 99%

Truly standard‐essential patents? A semantics‐based analysis

Brachtendorf

Gaessler

Harhoff

2022

Economics Manag Strategy

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Standard-essential patents (SEPs) have become a key element of technical coordination in standardsetting organizations. Yet, in many cases, it remains unclear whether a declared SEP is truly standardessential. To date, there is no automated procedure that allows for a scalable and objective assessment of SEP status. This paper introduces a semantics-based method for approximating the standard essentiality of patents. We provide details on the procedure that generates the measure of standard essentiality and present the results of several validation exercises. In a first empirical application we illustrate the measure's usefulness in estimating the share of true SEPs in firm patent portfolios for several mobile telecommunication standards. We find firm-level differences that are statistically significant and economically substantial. Furthermore, we observe a general decline in the average share of presumably true SEPs between successive standard generations.

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“…Because courts ultimately determine essentiality, it is hard to estimate the share of dSEPs that are truly essential. Although studies by Goodman and Myers (2005) and Van Audenrode, Royer, Stitzing, and Saaskilahti (2017) suggest that 20 to 40 percent of the patents disclosed to ETSI are essential, we expect that these figures vary across SSOs and over time. Figure 1 illustrates the complex relationship between key events in the patenting, standard setting and IP disclosure process using two possible scenarios.…”

Section: Disclosure Rulesmentioning

confidence: 91%

Disclosure Rules and Declared Essential Patents

et al. 2017

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Many standard setting organizations (SSOs) require participants to disclose patents that might be infringed by implementing a proposed standard, and commit to license their "essential" patents on terms that are at least fair, reasonable and non-discriminatory (FRAND). Data from these SSO intellectual property disclosures have been used in academic studies to provide a window into the standard setting process, and in legal proceedings to assess parties' relative contributions to a standard. We develop a simple model of the disclosure process to illustrate the link between SSO rules and patent-holder incentives, and examine some of the model's predictions using a novel dataset constructed from the disclosure archives of thirteen major SSOs. The central message of the paper is that subtle differences in the rules used by different SSOs can influence which patents are disclosed, the terms of licensing commitments, and ultimately long-run citation and litigation rates for the underlying patents.

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Over-Declaration of Standard Essential Patents and Determinants of Essentiality

Cited by 7 publications

References 34 publications

Disclosure rules and declared essential patents

Disclosure rules and declared essential patents

Truly standard‐essential patents? A semantics‐based analysis

Disclosure Rules and Declared Essential Patents

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