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Rudi Bekkers

This chapter examines the history and context of standardization and patenting. It begins by looking at how the discussion arose as to the relationship between patents and standards, and how this topic became more prominent on the agenda of companies, standard setting organizations, and regulators. It then looks at the empirical facts about patents in standards, focusing on standard-essential patents to describe how this phenomenon developed over time, but also how it is distributed among technology areas, standard setting organizations and specific standards. Concerns and problems are identified that could arise when patented technology is included in standards, leading to a discussion of patent policies in standard setting organizations. Likely reasons are identified as to why companies encounter more frequent conflicts over patents in standards, and a range of policy measures are examined.

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Bram Timmermans, Rudi Bekkers and Luca Bordoli