IDEAS home Printed from https://ideas.repec.org/p/ipt/iptwpa/jrc119894.html
   My bibliography  Save this paper

Pilot study for essentiality assessment of Standard Essential Patents

Author

Listed:
  • BEKKERS Rudi
  • HENKEL Joachim
  • MAS TUR Elena
  • VAN DER VORST Tommy
  • DRIESSE Menno
  • KANG Byeongwoo
  • MARTINELLI Arianna
  • MAAS Wim
  • NIJHOF Bram
  • RAITERI Emilio
  • TEUBNER Lisa

Abstract

This study investigates the technical and institutional feasibility of a system that ensures better essentiality scrutiny for Standard Essential Patents (SEPs). We first studied the state of the art on essentiality assessment in literature, court cases involving larger scale essentiality assessments, essentiality assessment in patent pools, and the Japanese Hantei for Essentiality advisory opinion. A patent landscape analysis of SDO declared patents was performed to assess their use as input to essentiality assessment mechanisms. Technical feasibility was assessed in a pilot experiment, in which a variety of assessors evaluated patents for their actual essentiality. Institutional feasibility was, among other means, assessed via a stakeholder workshop. Given (1) the observed interest in transparent data on essentiality of patents for standards, from implementers, patent owners and courts alike, (2) the potential benefits of such data for these parties and for the system as a whole, and (3) our finding that a system for generating such data seems both technically and institutionally feasible, we recommend policy makers to pursue the development and implementation of a system for essentiality assessments.

Suggested Citation

  • BEKKERS Rudi & HENKEL Joachim & MAS TUR Elena & VAN DER VORST Tommy & DRIESSE Menno & KANG Byeongwoo & MARTINELLI Arianna & MAAS Wim & NIJHOF Bram & RAITERI Emilio & TEUBNER Lisa, 2020. "Pilot study for essentiality assessment of Standard Essential Patents," JRC Research Reports JRC119894, Joint Research Centre.
    • Handle: RePEc:ipt:iptwpa:jrc119894
    as

    Download full text from publisher

    File URL: https://publications.jrc.ec.europa.eu/repository/handle/JRC119894
    Download Restriction: no
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Buggenhagen, Magnus & Blind, Knut, 2022. "Development of 5G – Identifying organizations active in publishing, patenting, and standardization," Telecommunications Policy, Elsevier, vol. 46(4).
    2. Gamarra, Yanis Luca & Friedl, Gunther, 2023. "Declared essential patents and average total R&D expenditures per patent family," Telecommunications Policy, Elsevier, vol. 47(7).
    3. Bekkers, Rudi & Tur, Elena M. & Henkel, Joachim & van der Vorst, Tommy & Driesse, Menno & Contreras, Jorge L., 2022. "Overcoming inefficiencies in patent licensing: A method to assess patent essentiality for technical standards," Research Policy, Elsevier, vol. 51(10).
    4. da Ponte, Aureliano & Leon, Gonzalo & Alvarez, Isabel, 2023. "Technological sovereignty of the EU in advanced 5G mobile communications: An empirical approach," Telecommunications Policy, Elsevier, vol. 47(1).
    5. Bekkers, Rudi & Catalini, Christian & Martinelli, Arianna & Righi, Cesare & Simcoe, Timothy, 2023. "Disclosure rules and declared essential patents," Research Policy, Elsevier, vol. 52(1).

    More about this item

    Keywords

    standardization; patents; essentiality;
    All these keywords.

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ipt:iptwpa:jrc119894. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Publication Officer (email available below). General contact details of provider: https://edirc.repec.org/data/ipjrces.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.