The Evolving Patent Pledge Landscape

Centre for International Governance Innovation (CIGI), International law research program working paper series, November 7, 2017

21 Pages Posted: 10 Nov 2017

See all articles by Jorge L. Contreras

Jorge L. Contreras

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

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Date Written: November 7, 2017

Abstract

Patent pledges – public commitments to limit the enforcement or other exploitation of one’s patent rights – are increasing in popularity in a range of market sectors from telecommunications and software to biopharma and green technology. Following initial work that sought to classify and understand patent pledges as a distinct category of firm behavior, the author and collaborators have identified a range of recent development in the evolution of patent pledges. These include increasing structural complexity and sophistication of patent pledges, a richer set of motivations leading firms to pledge patents, increased attention to the role that patent pledges play in innovation and on the governance of collective pledges, and a trend toward democratization and internationalization of pledge behavior. These trends were discussed at the Evolving Pledges Workshop in Washington DC in September 2017 and are summarized herein.

Keywords: patent pledge, private ordering, license, innovation, governance, Defensive Patent License (DPL), License on Transfer (LOT), EcoPatent Commons, BioBricks, OECD, registry

Suggested Citation

Contreras, Jorge L., The Evolving Patent Pledge Landscape (November 7, 2017). Centre for International Governance Innovation (CIGI), International law research program working paper series, November 7, 2017, Available at SSRN: https://ssrn.com/abstract=3067095 or http://dx.doi.org/10.2139/ssrn.3067095

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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