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Patent Disclosures and Standard-Setting

Author

Listed:
  • Josh Lerner
  • Haris Tabakovic
  • Jean Tirole

Abstract

A key role of standard setting organizations (SSOs) is to aggregate information on relevant intellectual property (IP) claims before deciding on a standard. This article explores the firms’ strategies in response to IP disclosure requirements—in particular, the choice between specific and generic disclosures of IP—and the optimal response by SSOs, including the royalty rate setting. We show that firms with a stronger downstream presence are more likely to opt for a generic disclosure, as are those with lower quality patents. We empirically examine patent disclosures made to seven large SSOs, and find results consistent with theoretical predictions.

Suggested Citation

  • Josh Lerner & Haris Tabakovic & Jean Tirole, 2016. "Patent Disclosures and Standard-Setting," NBER Working Papers 22768, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:22768
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    Cited by:

    1. Boone, Jan & Schuett, Florian & Tarantino, E., 2019. "Price Commitments in Standard Setting under Asymmetric Information," Other publications TiSEM b4f497a7-bdcd-4c1b-90ef-f, Tilburg University, School of Economics and Management.
    2. Lorenz Brachtendorf & Fabian Gaessler & Dietmar Harhoff, 2023. "Truly standard‐essential patents? A semantics‐based analysis," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 32(1), pages 132-157, January.
    3. Baron, Justus, 2020. "Counting standard contributions to measure the value of patent portfolios - A tale of apples and oranges," Telecommunications Policy, Elsevier, vol. 44(3).
    4. Bekkers, Rudi & Catalini, Christian & Martinelli, Arianna & Righi, Cesare & Simcoe, Timothy, 2023. "Disclosure rules and declared essential patents," Research Policy, Elsevier, vol. 52(1).
    5. Samano, Mario & Santugini, Marc, 2020. "Long-run market configurations in a dynamic quality-ladder model with externalities," Journal of Economic Dynamics and Control, Elsevier, vol. 117(C).
    6. Dong HUO & Jiangwei DANG & MOTOHASHI Kazuyuki, 2019. "Empirical Analysis of License Policy for Declared Standard-essential Patents in Setting Technology Standards," Discussion papers 19023, Research Institute of Economy, Trade and Industry (RIETI).

    More about this item

    JEL classification:

    • L24 - Industrial Organization - - Firm Objectives, Organization, and Behavior - - - Contracting Out; Joint Ventures
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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