Patent Pledges
Show Less

Patent Pledges

Global Perspectives on Patent Law’s Private Ordering Frontier

Edited by Jorge L. Contreras and Meredith Jacob

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are “fair, reasonable and non-discriminatory.” Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Is patent reform via private ordering anticompetitive? An analysis of open patent agreements

Matthew W. Callahan and Jason M. Schultz

Abstract

Private-ordering patent reform strategies are growing in number and popularity out of twinned desires to decrease patent litigation and promote cross-platform innovation. However, much like patent pools and other attempts at collective IP problem solving, questions of competition impact and antitrust policy arise. This chapter considers one such strategy—open patent agreements (OPAs)—and asks how it might perform under antitrust scrutiny. In the end, we conclude that OPAs should survive such scrutiny because they generate significant procompetitive effects, such as non-discriminatory access to knowledge and incentives for follow-on innovation, that more than outweigh the potential risks to competition.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.