Patent Pledges
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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.
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Chapter 20: Best practices for making patent pledges

Meredith Jacob

Abstract

This chapter lays out a set of best practices for making a patent pledge that fulfills the potential interests of the pledgor in having the public rely on the pledge (and make some change in behavior) and the pledgee in reasonable legal predictability when acting in response to that pledge.

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