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Just-in-time patents and the development of standards

Byeongwoo Kang () and Rudi Bekkers

Research Policy, 2015, vol. 44, issue 10, 1948-1961

Abstract: Modern technical standards often include large numbers of patented technologies that are required to implement those standards. These “standard-essential patents” are very valuable assets, and firms that do not own such patents are prepared to spend billions of dollars purchasing them. Whereas large numbers of standard-essential patents are often taken for granted, this study focuses on the process by which companies obtain such patents. Analyzing original data of a large standardization process, we demonstrate how many companies use a strategy we call “just-in-time patenting”: They apply for patents of low technical merit just before a standardization meeting, and then send the patents’ inventors to the meeting to negotiate this patented technology into the standard. Our findings have several implications for standard-setting organizations, patent offices, and policymakers, as the inclusion of just-in-time patents may reduce competition and market entry, increase prices, and unnecessarily complicate the technological content of standards.

Keywords: Patents; Standards; Essential patents; SEPs; Strategic behavior; W-CDMA; LTE (search for similar items in EconPapers)
Date: 2015
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Citations: View citations in EconPapers (35)

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Persistent link: https://EconPapers.repec.org/RePEc:eee:respol:v:44:y:2015:i:10:p:1948-1961

DOI: 10.1016/j.respol.2015.07.001

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Research Policy is currently edited by M. Bell, B. Martin, W.E. Steinmueller, A. Arora, M. Callon, M. Kenney, S. Kuhlmann, Keun Lee and F. Murray

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