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The Essentiality Test for Patent Pools

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  • Gilbert, Richard

Abstract

Antitrust policy for the pooling of patents and other intellectual property rights has undergone a dramatic transformation since the first cases were decided at the beginning of the twentieth century. This transformation generally reflects developments in economics that provide a better understanding of the characteristics of patent pools that warrant antitrust scrutiny. The change, however, was slow, and the U.S. antitrust agencies did not clarify their enforcement principles with respect to patent pools until the publication by the Department of Justice and the Federal Trade Commission of Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition, released in April 2007 (“IP Report”).1

Suggested Citation

  • Gilbert, Richard, 2009. "The Essentiality Test for Patent Pools," Competition Policy Center, Working Paper Series qt1wf59608, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
    • Handle: RePEc:cdl:compol:qt1wf59608
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    Cited by:

    1. Nancy Gallini, 2017. "Do patents work? Thickets, trolls and antibiotic resistance," Canadian Journal of Economics, Canadian Economics Association, vol. 50(4), pages 893-926, November.
    2. Katrin Hussinger & Franz Schwiebacher, 2015. "The Market Value of Technology Disclosures to Standard Setting Organizations," Industry and Innovation, Taylor & Francis Journals, vol. 22(4), pages 321-344, May.

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