The Evolving Patent Pledge Landscape

Centre for International Governance Innovation (CIGI) Paper Series No. 166 (Apr. 2018)

University of Utah College of Law Research Paper No. 258

20 Pages Posted: 26 Apr 2018 Last revised: 23 May 2018

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: April 6, 2018

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 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

Suggested Citation

Contreras, Jorge L., The Evolving Patent Pledge Landscape (April 6, 2018). Centre for International Governance Innovation (CIGI) Paper Series No. 166 (Apr. 2018), University of Utah College of Law Research Paper No. 258, Available at SSRN: https://ssrn.com/abstract=3157572

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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