披露规则与声明的必要专利

Disclosure rules and declared essential patents

RESEARCH POLICY · 2022
被引 25
人大 AFT50ABS 4*

中文导读

研究了标准制定组织的披露规则如何影响专利持有人的激励,基于13个主要SSO的数据发现政策差异会影响专利披露、许可承诺及后续引用和诉讼率。

Abstract

Many standard setting organizations (SSOs) require participants to disclose patents that might be infringed by implementing a proposed standard, and commit to license their “essential” patents on terms that are fair, reasonable and non-discriminatory (FRAND). Data from SSO intellectual property disclosures have been used in academic studies to provide a window into the standard setting process, and in legal proceedings to assess the relative contribution of different parties to a standard. We describe the disclosure process, discuss the link between SSO rules and patent-holder incentives, and analyze disclosure practices using a novel dataset constructed from the disclosure archives of thirteen major SSOs. Our empirical results suggest that subtle differences in SSO policies influence which patents are disclosed, the terms of licensing commitments, and ultimately long-run citation and litigation rates for the underlying patents. Thus, while policy debates sometimes characterize SSOs as a relatively homogeneous set of institutions, our results point in the opposite direction – towards the importance of recognizing heterogeneity in SSO policies and practices.

标准制定组织专利披露知识产权经济学