Research

Developing robust empirical research on topics related to intellectual property is at the core of 4iP Council’s work. We commission independent experts to provide robust data and information, as well as analysis, on the complex correlation between investment, invention, innovation, employment and social and economic success.

Research, analysis and commentary


Signs of Convergence between the US and Europe on Law and Policy relating to Standard Essential Patents?

by Vincent Angwenyi

Signs of Convergence between the US and Europe on Law and Policy relating to Standard Essential Patents?

This paper looks at the balance of interests between patent holders and implementors in recent communications in the US and Europe. The Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice (DOJ) in a speech given on the 10th of November expressed an opinion which is indicative of a shift in the DOJ policy on various issues revolving around Standard Essential Patents (SEPs) that have been committed to licensing on Fair Reasonable and Non-Discriminatory (FRAND) terms. The AAGs speech was delivered not long before the much-anticipated European Commission Communication on the EU approach to SEPs (Brussels, 29.11.2017).

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Categories: Patent System and Patent Quality

Patent rights in a climate of intellectual property rights skepticism - Summary

by Haris Tsilikas, Research Associate at Max Planck Institute for Innovation and Competition Summary of a paper by the Hon. Maureen K. Ohlhausen, Acting Chairman of the US Federal Trade Commission

Patent rights in a climate of intellectual property rights skepticism - Summary

A movement is underway to dilute U.S. patents, which have recently been the object of unprecedented criticism. U.S. policymakers lack clear guideposts for evaluating this criticism. Further, some emerging economies are at a crossroads in deciding how to treat proprietary technology, and they look at this U.S. debate through the prism of their own history and economic pressures. This Article defends robust patent rights based on evidence about the relationship between patents and innovation. Given the rich innovation in markets where claimed patent-related problems are most prevalent, the cautious, informed and correct response is incremental, targeted adjustment. Patents should remain a central feature of U.S. technology policy.

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Categories: Patent System and Patent Quality, IP Enforcement, Standardisation, Digital Single Market

Patent rights in a climate of intellectual property rights skepticism - Executive Summary

by Haris Tsilikas, Research Associate at Max Planck Institute for Innovation and Competition Summary of a paper by the Hon. Maureen K. Ohlhausen, Acting Chairman of the US Federal Trade Commission

Patent rights in a climate of intellectual property rights skepticism - Executive Summary

A movement is underway to dilute U.S. patents, which have recently been the object of unprecedented criticism. U.S. policymakers lack clear guideposts for evaluating this criticism. Further, some emerging economies are at a crossroads in deciding how to treat proprietary technology, and they look at this U.S. debate through the prism of their own history and economic pressures. This Article defends robust patent rights based on evidence about the relationship between patents and innovation. Given the rich innovation in markets where claimed patent-related problems are most prevalent, the cautious, informed and correct response is incremental, targeted adjustment. Patents should remain a central feature of U.S. technology policy.

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Categories: Patent System and Patent Quality, IP Enforcement, Standardisation, Digital Single Market

Development of innovative new standards jeopardised by IEEE patent policy

by Keith Mallinson – September 2017

Development of innovative new standards jeopardised by IEEE patent policy

This paper assesses the practical impact of changes made by the IEEE to its patent policy in March 2015. According to the IEEE, these changes were aimed at protecting implementers from potential ‘patent holdup’. The paper makes an empirical assessment of the most recent available data and demonstrates that a large proportion of technology contributors to IEEE standardisation efforts are unwilling to provide 'positive' Letters of Assurance and are not being willing to grant access to patented technology under the terms of the IEEE's new patent policy. As a result, delays in adopting or implementing IEEE standards and litigation are foreseen, unless clarity and certainty around licensing terms are restored.

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Categories: Patent System and Patent Quality, Standardisation

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

by Bowman Heiden and Nicolas Petit – August 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: Patent System and Patent Quality, IP Enforcement, Licensing, IP and Competition Law