Patents and Competition: Commercializing Innovation in the Global Ecosystem for 5G and the Internet of Things

Abstract

Times are changing as our global ecosystem for commercializing innovation helps bring new technologies to market, networks grow, interconnections and transactions become more complex around standards and otherwise, all to enable vast opportunities to improve the human condition, to further competition, and to improve broad access. The policies that governments use to structure their legal systems for intellectual property, especially patents, as well as for competition—or antitrust—continue to have myriad powerful impacts and raise intense debates over challenging questions. This Chapter explores a representative set of debates about policy approaches to patents, to elucidate particular ideas to bear in mind about how adopting a private law, property rights-based approach to patents enables them to better operate as tools for facilitating the commercialization of new technologies in ways that best promote the goals of increasing access while fostering competition and security for a diverse and inclusive society.

Keywords: Intellectual property, patents, competition, antitrust, trade, international trade, security, national security, innovation, invention, 5G, internet of things, IoT, information, communication, technology, standards, standard setting organizations, SSO, standard essential patents, SEP, licensing, RAN