Patents, Technical Standards and Standards-Setting Organizations: A Survey of the Empirical, Legal and Economics Literature

47 Pages Posted: 12 Aug 2015 Last revised: 4 Jan 2017

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: August 9, 2015

Abstract

Despite their potential efficiency benefits, voluntary consensus standards have over the past decade become the subject of significant private litigation, regulatory enforcement and policy debate. Much of the controversy centers on the perceived proliferation of patents covering standardized technologies, potentially abusive enforcement of such patents against manufacturers and users of standardized products, and the terms on which patent holders may be required to license the use of those patents to others. This chapter offers a brief overview of the legal and economic literature concerning interoperability standards and standards-setting organizations, with a focus on empirical studies and contemporary patent and patent licensing concerns.

Keywords: standards, FRAND, patent, hold-up, stacking, SSO, SDO,

JEL Classification: K00, K21, L12, L15, L63, L86, L96, O31, O34

Suggested Citation

Contreras, Jorge L., Patents, Technical Standards and Standards-Setting Organizations: A Survey of the Empirical, Legal and Economics Literature (August 9, 2015). Available at SSRN: https://ssrn.com/abstract=2641569 or http://dx.doi.org/10.2139/ssrn.2641569

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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