Global Perspectives on Patent Law’s Private Ordering Frontier
Edited by Jorge L. Contreras and Meredith Jacob
Chapter 17: How to make and keep a patent pledge
Participants in Standard Setting Organizations (SSOs) are often required to disclose relevant patents, and to license those patents if they are “essential” to an industry standard. This may seem surprising. Why would a patentee voluntarily give up its right to exclude – at least with respect to standards implementers – and in some cases provide royalty-free access to its technology? The answer, as described in a large literature on Standard Essential Patents, is that these commitments encourage other SSO participants to include the patented technology in the standard, and also promote widespread adoption of the standard itself.1 1. For an overview of this literature, see inter alia, NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES, PATENT CHALLENGES FOR STANDARD-SETTING IN THE GLOBAL ECONOMY: LESSONS FROM INFORMATION AND COMMUNICATIONS TECHNOLOGY (2013).
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