Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

A Member of the Law Professor Blogs Network

Wednesday, January 22, 2014

Standard-Essential Patents

Josh Lerner (Harvard) and Jean Tirole (Toulouse) have a great paper on Standard-Essential Patents.

ABSTRACT: A major policy issue in standard setting is that patents that are ex-ante not that important may, by being included into the standard, become standard-essential patents (SEPs). In an attempt to curb the monopoly power that they create, most standard-setting organizations require the owners of patents covered by the standard to make a loose commitment to grant licenses on reasonable terms. Such commitments unsurprisingly are conducive to intense litigation activity. This paper builds a framework for the analysis of SEPs, identi.es several types of inefficiencies attached to the lack of price commitment, shows how structured price commitments restore competition, and analyzes whether price commitments are likely to emerge in the marketplace.

http://lawprofessors.typepad.com/antitrustprof_blog/2014/01/standard-essential-patents.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef019b01a8d518970c

Listed below are links to weblogs that reference Standard-Essential Patents:

Comments

Post a comment