Patent Aggregation in Europe: The Spotlight on Patent Licensing by Patent Aggregators

Abstract

Patent aggregation involves the use of patents as assets rather than as technology inputs or technology-transfer instruments. This paper investigates patent licensing as a prominent patent aggregation activity from both legal and empirical stances. After examining the European legal institutions, good-faith negotiation framework and main contractual elements of patent licenses, the paper maps the scattered available data on patent licensing, which notoriously remain confidential. Subsequently, it analyses the licensing business of patent aggregators from a qualitative perspective. A multiple-case study of four patent aggregators, namely Sisvel, France Brevets, Fractus and Qualcomm is presented based on multiple triangulated direct and secondary data sources. Overall, the paper provides transparency on the otherwise stealthy patent aggregators’ licensing activities and feeds data into the academic and innovation policy debates over patent aggregation.

Keywords: NPEs, PAEs, SEPs, FRAND, Qualitative Methods