Work

Standard-Essential Patents

Year: 2013

Type: report

Abstract: A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential patents (SEPs).In an attempt to curb the monopoly power that they create, most standard-setting organizations require the owners of patents covered by the standard to make a loose commitment to grant licenses on reasonable terms.Such commitments unsurprisingly are conducive to intense litigation activity.This paper builds a framework for the analysis of SEPs, identi.esseveral types of inefficiencies attached to the lack of price commitment, shows how structured price commitments restore competition, and analyzes whether price commitments are likely to emerge in the marketplace.

Source: National Bureau of Economic Research

DOI: 10.3386/w19664

Authors: Josh Lerner, Jean Tirole

Institutions: National Bureau of Economic Research, Harvard University, Institut d'Économie Industrielle

Language: Hungarian

Topic: Intellectual Property and Patents

Subfield: Management of Technology and Innovation

Field: Business, Management and Accounting

Domain: Social Sciences

Open Access status: green

Funders: National Science Foundation, Harvard Business School, University of Edinburgh, FP7 Ideas: European Research Council

Awards: G4104599821, MOD and DAT: Patent Pools and Biomedical Innovation, Cognition and Decision-Making: Laws, Norms and Contracts

OpenAlex ID: W2890677482

Cites: 28

Cited by: 32

Related to: 10