A Practical Guide to Patent Policies of Standards Development Organizations

Standards Engineering, vol 67(6), Nov/Dec 2015

9 Pages Posted: 8 Dec 2015

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Andrew Updegrove

Gesmer Updegrove LLP

Date Written: December 1, 2015

Abstract

Over the past several years, there has been a surge in litigation over technical standards, standards-essential patents (SEPs), and the patent policies of standards development organizations (SDOs). While this litigation has fueled a cottage industry of commentary by economists, legal scholars, and other pundits, much of this literature is mired in complexity and inaccessible to the engineers and business managers that must make decisions regarding participation in SDOs on a daily basis. This article seeks to explain some of this controversy and the resulting policy decisions that a business manager may be called upon to make for his or her organization when evaluating joining and participating in an SDO.

Keywords: standards, FRAND, RAND, patent, SEP, SDO, SSO

JEL Classification: K00, K12, K21, O34

Suggested Citation

Contreras, Jorge L. and Updegrove, Andrew, A Practical Guide to Patent Policies of Standards Development Organizations (December 1, 2015). Standards Engineering, vol 67(6), Nov/Dec 2015, Available at SSRN: https://ssrn.com/abstract=2699615

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Andrew Updegrove

Gesmer Updegrove LLP ( email )

40 Broad Street
Boston, 02109
United States

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