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Essential Patents and Coordination Mechanisms

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  • Justus Baron

    ()
    (CERNA - Centre d'├ęconomie industrielle - Mines ParisTech)

  • Tim Pohlmann

    (Chair of Innovation Economics - Berlin University of Technology)

Abstract

This article investigates the interplay between formal standards, essential patents and informal industry alliances such as consortia and patent pools. Building upon more than 6.200 declarations of essential patents to major international Standard Development Organizations (SDO), we investigate how informal standardization consortia and patent pools influence the number and timing of patent declarations to formal SDOs. This is the first thorough empirical investigation of the effectiveness of industry-driven coordination mechanisms addressing the problems raised by the high number of patents. We find that patent pools increase the number of declared essential patents controlling for the effects of standardization. On the other hand, informal consortia reduce the number of patent declarations at given standardization activity. These findings confirm results in the literature that patent pools provide incentives for strategic patent files and that informal standardization consortia have a regulatory function on the firms' patent strategies.

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Paper provided by HAL in its series Post-Print with number hal-00508792.

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Date of creation: 2010
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Handle: RePEc:hal:journl:hal-00508792

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Cited by:
  1. Bernhard Ganglmair & Emanuele Tarantino, 2011. "Patent Disclosure in Standard Setting," Working Papers 11-15, NET Institute.
  2. Pohlmann, Tim & Opitz, Marieke, 2010. "The Patent Troll Business: An Efficient model to enforce IPR?," MPRA Paper 27342, University Library of Munich, Germany, revised 01 Dec 2010.

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