包含必要与非必要专利的专利池

Pooling with Essential and Nonessential Patents

American Economic Journal: Microeconomics · 2014
被引 25
人大 AABS 3

中文导读

研究了专利池中必要专利与非必要专利的区别,发现仅含必要专利的池总能提高福利,而包含非必要专利的池可能降低福利,即使池限于互补专利且强制单独许可时稳定。

Abstract

Several recent technological standards were accompanied by patent pools—arrangements to license relevant intellectual property as a package. A key distinction made by regulators—between patents essential to a standard and patents with substitutes—has not been addressed in the theoretical literature. I show that pools of essential patents are always welfare increasing, while pools which include nonessential patents can be welfare reducing—even pools limited to complementary patents and stable under compulsory individual licensing. If pools gain commitment power and price as Stackelberg leaders, this reduces, and can reverse, the gains from welfare-increasing pools.

专利池必要专利非必要专利社会福利