Eindhoven University of Technology
Room IPO 2.36, PO Box 513
NBER Working Papers and Publications
|July 2017||Disclosure Rules and Declared Essential Patents|
with Christian Catalini, Arianna Martinelli, Cesare Righi, Timothy Simcoe: w23627
Many standard setting organizations (SSOs) require participants to disclose patents that might be infringed by implementing a proposed standard, and commit to license their “essential” patents on terms that are at least fair, reasonable and non-discriminatory (FRAND). Data from these SSO intellectual property disclosures have been used in academic studies to provide a window into the standard setting process, and in legal proceedings to assess parties’ relative contributions to a standard. We develop a simple model of the disclosure process to illustrate the link between SSO rules and patent-holder incentives, and examine some of the model’s predictions using a novel dataset constructed from the disclosure archives of thirteen major SSOs. The central message of the paper is that subtle dif...