A Research Agenda for Standards-Essential Patents

Forthcoming in A Research Agenda for Patent Law (Enrico Bonadio & Noam Shemtov, eds., Edward Elgar, 2024)

University of Utah College of Law Research Paper No. 531

23 Pages Posted: 6 Jan 2023 Last revised: 17 Jul 2023

See all articles by Jorge L. Contreras

Jorge L. Contreras

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

Date Written: January 5, 2023

Abstract

This Chapter discusses the current state of legal, economic and policy research on standards-essential patents (SEPs) and fair, reasonable and nondiscriminatory (FRAND) licensing of SEPs, and recommends additional research directions for the future. Areas for future research include the investigation of market adoption of standardized products subject to FRAND licensing and available on a royalty-free basis, measurement of various characteristics of SEPs including disclosure, validity, essentiality and transfer, the evolution of SDO and consortia patent policies, SEP licensing behavior, both by SEP holders and product manufacturers, SEP and FRAND disputes and litigation, including arbitration, competition among patent pools for standards, and the political economy of SEP policy making.

Keywords: standards, standards-essential patent, SEP, FRAND

Suggested Citation

Contreras, Jorge L., A Research Agenda for Standards-Essential Patents (January 5, 2023). Forthcoming in A Research Agenda for Patent Law (Enrico Bonadio & Noam Shemtov, eds., Edward Elgar, 2024), University of Utah College of Law Research Paper No. 531, Available at SSRN: https://ssrn.com/abstract=4318208

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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