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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
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    File URL: https://publications.jrc.ec.europa.eu/repository/handle/JRC119894
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    Cited by:

    1. 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).
    2. 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).
    3. Bekkers, Rudi & Catalini, Christian & Martinelli, Arianna & Righi, Cesare & Simcoe, Timothy, 2023. "Disclosure rules and declared essential patents," Research Policy, Elsevier, vol. 52(1).
    4. Buggenhagen, Magnus & Blind, Knut, 2022. "Development of 5G – Identifying organizations active in publishing, patenting, and standardization," Telecommunications Policy, Elsevier, vol. 46(4).
    5. Gamarra, Yanis Luca & Friedl, Gunther, 2023. "Declared essential patents and average total R&D expenditures per patent family," Telecommunications Policy, Elsevier, vol. 47(7).

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    Keywords

    standardization; patents; essentiality;
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