The interplay of patents and standards for information and communication technologies

Dieser Beitrag ist mit Zustimmung des Rechteinhabers aufgrund einer (DFG geförderten) Allianz- bzw. Nationallizenz frei zugänglich.This publication is with permission of the rights owner freely accessible due to an Alliance licence and a national licence (funded by the DFG, German Research Foundation) respectively.ICT products are often interdependent and in some cases indispensably work together. Firms may thus compete on different market levels pursuing different business models to sponsor their proprietary technologies and to maintain market share for their products and services. Interoperability of products is a crucial factor for market success and firms evermore have to coordinate and set standards. These standardized technologies are in some cases protected by patents. Standard essential patents claim an invention that must be used by any company to comply with a technical standard. They are subject to a new and different legal framework which goes beyond the rights of regular patent law. This may influence incentives to develop and specify ICT standards, incentives to invest in R&D or incentives to file patents. Yet, the inclusion of intellectual property in standards, and the strategic behavior of its owners, can have far-reaching consequences for market structure, market entry, and sustained technical progress and innovation. This article discusses current legal and economic issues on the interplay of patents and standards and provides empirical insides on licensing, patenting and coordination

Joint innovation in ICT standards: How consortia drive the volume of patent filings

The development of formal ICT standards is a loose form of collaborative innovation: firms first develop rival technologies, some of which are then eventually selected in the standard. Against this background, firms often use informal consortia to define a clearer technology roadmap ahead of the formal standard setting process. The paper aims to assess how such consortia influence the volume of patents filed around standards, and whether this is efficient. We show that their effect actually depends on the strength of firms' incentives to develop the standard. Consortium membership triggers a higher number of patent files when insufficient rewards for essential patents induce underinvestment in the standard. This effect is necessarily pro-efficient. In situations where excessive rewards induce patent races, consortium membership only moderately increases or even reduces their volume of patents. At least in the latter case, the effect of consortia membership is also pro-efficient

Attributes and Dynamic Development Phases of ICT Standards Consortia

Standards consortia are private industry alliances that serve a certain purpose and gather likeminded companies that share the same interest to sponsor and develop technologies for standardization. Compared to formal standard setting, participation in consortia is less bureaucratic, more efficient in reacting to market needs and allows, in respect to the tiered membership structures, a strategic influence of standard setting outcomes. Formal standardization is in contrast an often protracted process of development and negotiation. This paper tries to provide a broad and comprehensive picture of standards consortia and their dynamic development in the past ten years. Analyses show that consortia have distinct characteristics which help to explain and justify their presence in the standard setting context. The observation of consortia existence over time identifies relationships between the formation, termination and merger of consortia with respect to market and technology development. Furthermore the paper seeks to measure consortia performance with respect to organizational structures and market position. Therefore we test the likelihood of consortia termination. Results of a survival analysis reveal that the probability of consortia success is especially connected to structures that determine coordination among members. Additionally the scope and focus on technology and markets also influences if consortia remain in business over time. influence from participating firms. These main insights justify a distinct research on the role of informal standard setting in the ICT industry

Attributes and Dynamic Development Phases of Informal ICT Consortia

Theoretical and empirical analyses about informal consortia are not yet able to entirely illustrate the informal standard setting landscape. This paper tries to provide a broad and comprehensive picture of informal standards consortia and their dynamic development in the past ten years. Analyses show that consortia have distinct characteristics which help to position and explain their existence in the standard setting context. Furthermore the observation of consortia survival identifies relationships between the formation, termination and merger of consortia and market development. The paper is thus able to reveal unique consortia features such as flexibility in formation and speed of reaction to market needs. Formal standardization is in contrast an often protracted process of development and negotiation. Involvement in informal standard setting is in less bureaucratic and allows, in respect to the tiered membership structures, a strategic influence from participating firms. These main insights justify a distinct research on the role of informal standard setting in the ICT industry

Innovationspotenziale und -verwertungsstrategien an deutschen Hochschulen

Universities are increasingly trying not only to pursue excellence in research, but further more to exploit its outcomes. A Knowledge and technology transfer of research results and inventions should be optimally posed to generate support and financial returns. The road from an invention to a useful innovation is complex and not always successful. It is critically to question whether research findings are always used in the sense of Universities. The great challenge is the variety of stakeholders that are involved in the innovation process. Therefore I conducted a survey to all patent relevant staff of five Hessian Universities. I received 453 answers of which ca 20% filed a patent in their University

Attributes and Dynamic Development Phases of Informal ICT Consortia

Theoretical and empirical analyses about informal consortia are not yet able to entirely illustrate the informal standard setting landscape. This paper tries to provide a broad and comprehensive picture of informal standards consortia and their dynamic development in the past ten years. Analyses show that consortia have distinct characteristics which help to position and explain their existence in the standard setting context. Furthermore the observation of consortia survival identifies relationships between the formation, termination and merger of consortia and market development. The paper is thus able to reveal unique consortia features such as flexibility in formation and speed of reaction to market needs. Formal standardization is in contrast an often protracted process of development and negotiation. Involvement in informal standard setting is in less bureaucratic and allows, in respect to the tiered membership structures, a strategic influence from participating firms. These main insights justify a distinct research on the role of informal standard setting in the ICT industry

Innovationspotenziale und -verwertungsstrategien an deutschen Hochschulen

Universities are increasingly trying not only to pursue excellence in research, but further more to exploit its outcomes. A Knowledge and technology transfer of research results and inventions should be optimally posed to generate support and financial returns. The road from an invention to a useful innovation is complex and not always successful. It is critically to question whether research findings are always used in the sense of Universities. The great challenge is the variety of stakeholders that are involved in the innovation process. Therefore I conducted a survey to all patent relevant staff of five Hessian Universities. I received 453 answers of which ca 20% filed a patent in their University

Forschung und Entwicklung in den Wirtschaftssektoren Großbritanniens und Deutschlands

Im Vergleich zu Deutschland zeigt Großbritannien seit Beginn der 90er Jahre eine erheblich größere wirtschaftliche Dynamik. Die Forschungs- und Entwicklungsaktivitäten bleiben dort jedoch deutlich hinter denen in Deutschland zurück. Dies gilt vor allem für den Beitrag der Unternehmen zu den gesamten FuEAufwendungen. Zugenommen hat in beiden Ländern die weitere Konzentration der FuE-Aufwendungen auf die jeweils forschungsstärkste Branche, die Pharmaindustrie in Großbritannien und den Fahrzeugbau in Deutschland. Großbritannien hat zwar die Zielmarke der Europäischen Union, die FuE-Aufwendungen bis 2010 auf 3 % des Bruttoinlandsprodukts zu erhöhen, in seiner nationalen Forschungsstrategie abgeschwächt, ist aber auf dem Weg, seinen Rückstand durch staatliche Maßnahmen wie die Ausweitung der Projektförderung und durch neue steuerliche Anreize zu verringern.

Motives and Barriers to patent in Universities

Universities are increasingly trying not only to pursue excellence in research, but further more to exploit its outcomes. A Knowledge and technology transfer of research results and inventions should be optimally posed to generate support and financial returns. The road from an invention to a useful innovation is complex and not always successful. It is critically to question whether research findings are always used in the sense of Universities. The great challenge is the variety of stakeholders that are involved in the innovation process. Therefore I conducted a survey to all patent relevant staff of five Hessian Universities. I received 453 answers of which ca 20% filed a patent in their University.University Patent, Motives to Patent, Technology Transfer

The Patent Troll Business: An Efficient model to enforce IPR?

Patent trolls have many faces, since the media uses this expression in various ways. The patent troll phenomenon thus seems to be an ambiguous term that is discussed in several directions. This paper reveals that a patent troll as such has no distinct shape or appearance. Our analysis redeems a troll classification solely from firms’ market position, such as being non-practicing, and shows that a patent troll business can only be defined by the respective activities to enforce IPR. Using 10 cases, of which five are treated in detail, the analysis reveals a distinct typology of the troll business. This paper is furthermore able to identify troll behavior to be: a) an efficient mechanism to enforce IP rights and b) a strategy that yields excessive license fees and causes inefficient negotiation costs