Mandatory Patent Pools

by Luca Maggioni, Diana Marin, Laura Natalia Morales Charry, Paolo Orlando and Victoire Guegan Master Students, Technical University Berlin

26 March 2020

In this student contribution to 4iP Council's research, the authors explain the link between patent pools and standardisation in telecommunications and analyse the potential impact of mandatory pools for innovation. Patent pools are often perceived as a significant tool for widespread innovation. Yet, they can also lead to monopolistic behavior. In practice, patent pools are used by some stakeholders as a tool to organise the licensing of standard essential patents. Thus, pools are encouraged by the European Commission, especially for the information and communication technology (ICT) field with complex products incorporating multiple patents. Yet, to be efficient and pro-competitive, pools need to fulfill certain conditions.