NATIONAL BUREAU OF ECONOMIC RESEARCH
NATIONAL BUREAU OF ECONOMIC RESEARCH

Rudi Bekkers

Eindhoven University of Technology
Room IPO 2.36, PO Box 513
5600MB Eindhoven
The Netherlands

E-Mail: r.n.a.bekkers@tue.nl

NBER Working Papers and Publications

July 2017Disclosure 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...
 
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