The Evolving Patent Pledge Landscape
Centre for International Governance Innovation (CIGI) Paper Series No. 166 (Apr. 2018)
20 Pages Posted: 26 Apr 2018 Last revised: 23 May 2018
Date Written: April 6, 2018
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 behaviour, this paper — following a workshop held in September 2017 — identifies a range of recent developments 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 behaviour.
Keywords: patent pledge, FRAND, private ordering
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