Patent Licensing Research Articles

Examining the roles of universities in place-based industrial strategy: which characteristics drive knowledge creation in priority technologies?

ABSTRACT Industrial strategies designed to promote innovation in a set of priority technologies through university–industry collaboration essentially institutionalize a triple helix approach to economic development. Yet, treating universities as a generic resource leaves a question mark as to which institutions are most likely to be most useful. In addition, prior evidence of uneven regional distribution of research income in these technologies suggests that place-based interventions may merely lock in pre-existing inequalities. Therefore, by controlling for spatial and temporal variations among UK universities, this paper examines whether their ability to generate knowledge in these priority technologies is dependent upon their entrepreneurial or engaged nature, and strategic orientation. Using data from the UK Higher Education Business & Community Interaction (HE-BCI) survey, the analysis finds that entrepreneurial activities such as higher levels of licensing income, start-ups and patents are associated with higher levels of research income in these priority technologies. Furthermore, higher levels of income from engagement with businesses through collaboration and contract research are also associated with higher research income in these priority technologies, while strategic orientation has no effect.

SEPs licensing across the supply chain: an antitrust perspective

The rise of the Internet of Things (IoT) and the development of 5G are set to add a new layer of complexity to the current practice of standard essential patents (SEPs) licensing. While, until recently, the debate has centred on the nature of fair, reasonable and non-discriminatory (FRAND) commitments and the mechanisms to avoid hold-up and reverse hold-up problems between licensors and licensees, a new hotly-debated issue has now emerged. At its core is the question of whether SEP holders should be required to grant a FRAND licence to any implementer seeking a licence, including component makers (the so-called ‘licence-to-all’ approach), or if they should be allowed freely to target the supply-chain level at which the licence is to be granted (the so-called ‘access-for-all’ approach). After providing an up-to-date overview of the current legal and economic debate, this article focuses on the most recent antitrust case law dealing with the matter on both sides of the Atlantic and argues that no sound economic and legal bases which favour licence-to-all solutions can be identified. * The authors would like to thank the anonymous referees, Luigi Federico Signorini and the participants in the 2021 Annual Conference of European Policy for Intellectual Property (EPIP), in the 38th Annual Conference of the European Law and Economics Association (EALE), in the TILTing Perspectives 2021 (Tilburg University), and in the 16th Annual Conference of the Academic Society for Competition Law (ASCOLA). The study was conducted as part of the research activities promoted by the DEEP-IN (Digital Ecosystem, Economic Policy and Innovation) Research Network. The author is grateful for the financial support received. Any opinions expressed in this paper are personal and are not to be attributed to the Bank of Italy. The first is Half-Causation Branching, which allows the logical mapping of the inventing space, within which the imaginary invention is located. Implementing this tool reveals two alternative nearby inventions, which if left out of the sought patent protection would render any eventually granted patent practically worthless. Following that, Half-Causation Encapsulation comes to the rescue by allowing the encapsulation of the original imaginary invention, plus the two alternative nearby ones, all in a manner that provides the all-important unity of invention On the one hand, patent agents are not supposed to contribute to their client’s inventive concept to the extent that they become co-inventors. On the other hand, scientists and engineers are not supposed to dedicate so much time and effort to learning about complex patent laws as to become patent agents. Arguably, each should aim to excel in their discipline. However, a structured dialogue should be considerably helpful to each and to the patent process as a whole. It is proposed that Half-Causation, with its logical structure, can provide a basis for such a dialogue. Besides targeting a readership in patent practices and theory, this paper should be of interest to multiple readerships, for example in engineering design, medical discovery and philosophy of technology.

Licensing of standard essential patents in a developing economy: an Indian perspective

The ripple effect created by standardization has transcended beyond the developed world and engulfed developing economies. While a major chunk of the discussion involving standards-setting and the licensing of standard essential patents (SEPs) has centred around the United States (US) and the European Union (EU), with the rapid emergence of Chinese patent holders and a steady increase in SEP-related jurisprudence in India, the innovation landscape has witnessed a significant change in the past five years. Amidst such market realities, it is neither possible nor logical to extend the regulatory framework devised in the US and EU to the rest of the world. In the Indian context, jurisprudence on FRAND disputes is still at a nascent stage, despite there being a long-standing history of standards development in the country. With the global roll-out of 5G beckoning to transform human lives in a never-before-seen manner, having a comprehensive set of guidelines for the licensing of SEPs is the need of the hour. The most crucial role in that regard is likely to be played by the IPR policies of standard setting organizations (SSOs), which have quite often proved to be the decisive factor in facilitating the interaction between innovators and implementers, vis-à-vis licensing of SEPs. Against this background, the present article focuses on the state of standardization in India and the possible role SSOs might play in stimulating an innovation culture in the country. * Dr Manveen Singh can be reached on msingh@jgu.edu.in

Pravo konkurencije u eri interneta inteligentnih uređaja

The Internet of Things (IoT) brings mobile internet connectivity to many different sectors of the economy. 5G standard is expected to play a key role in fostering seamless connectivity between devices. However, it also requires licensing patents essential for 5G standards to a diverse group of companies. How to effectively license essential patents in IoT has been the central question in recent policy debates before the European Commission. Competition law has often been invoked as a solution to either directly regulate certain licensing practices or to take a step back and enable the industry to collectively agree on certain licensing solutions. The article analyses three situations where the role of competition law was discussed: i) refusal to license patents to different levels of the production chain; ii) collective price-setting of a standard and iii) collective licensing of patents. The article examines each situation and discusses the appropriate role of competition law in fostering efficient licensing of essential patents in the IoT.

Patent Licensing and Litigation: A Duopoly Game

Patent Licensing and Litigation: A Duopoly Game

FRAND Access to Data: Perspectives from the FRAND Licensing of Standard Essential Patents for the Data Act Proposal and the Digital Markets Act

FRAND Access to Data: Perspectives from the FRAND Licensing of Standard Essential Patents for the Data Act Proposal and the Digital Markets Act

Negotiating Issues between Patentees and Implementers on Licensing of Standard Essential Patents - A Comparative Analysis of Two CWAs -

Negotiating Issues between Patentees and Implementers on Licensing of Standard Essential Patents - A Comparative Analysis of Two CWAs -

The Licensing of Standard-Essential Patents in the IoT – A Value Chain Perspective on the Market for Technology

The Licensing of Standard-Essential Patents in the IoT – A Value Chain Perspective on the Market for Technology

SEPs and automotive brake system: a study on horizontal application of patent licensing under FRAND terms in India

SEPs and automotive brake system: a study on horizontal application of patent licensing under FRAND terms in India

Language Differences and the Market for Patents: Evidence from China's Inter-City Patent License Data

Language Differences and the Market for Patents: Evidence from China's Inter-City Patent License Data

Language Differences and the Market for Patents: Evidence from China's Inter-City Patent License Data

Language Differences and the Market for Patents: Evidence from China's Inter-City Patent License Data

GAR’s guide to IP arbitration (2021): a critical appraisal

The establishment of international dispute resolution chambers by various States, the mediation and arbitration centres envisaged under the Unified Patent Court project in European Union, the adoption of Alternative Dispute Resolution (ADR) processes at trade fairs and the reference of disputes pertaining to licensing of standard-essential patents (SEP) on fair, reasonable and non-discriminatory (FRAND) terms to ADR by judicial authorities underpin the global appeal of IP arbitration. The Guide to IP Arbitration1 (‘Guide’) endeavours to demystify the novel field of IP arbitration from a global perspective and must be commended for its timely fruition. The publication includes contributions by 15 prestigious law firms from varied civil and common law countries. The Guide is divided into five parts spreading across 243 pages, logically and systematically arranged to appraise various substantive and procedural considerations which arise at different stages of resolving IP disputes through ADR. The Guide posits that a choice...

Compulsory licensing of trade secrets: ensuring access to COVID-19 vaccines via involuntary technology transfer

This paper considers how vaccine technology to meet the challenges of the COVID-19 pandemic can be made available to increase the production of vaccines. Its primary focus is on trade secrets, which are one of the main intellectual property rights protecting the complex manufacturing processes of vaccine production. The compulsory licensing of trade secrets presents some unique obstacles and consideration is given to some practical solutions that might balance the interests of technology owners and the public interest in increased access to vaccines. In particular, this paper suggests that to make the currently discussed proposals on accelerating the production of COVID-19 vaccines, including compulsory licensing of patents and the IP waiver, work, an additional mechanism of compulsory licensing of trade secrets is required. It is believed that a proposal for a new mechanism of compulsory licensing of trade secrets coupled with a discussion on the content of such licences, challenges that would need to be addressed and the potential wording of such a licence, would provide useful guidance to governments on how to make their compulsory technology transfer mechanisms more effective.

The Evolutionary Game Analysis and Optimization Algorithm of Electric Vehicle Cell Innovation Diffusion Based on a Patent Pool Strategy

A patent pool strategy was proposed for use in the electric vehicle cell industry to manage patent licensing disputes and litigation. How to promote EV cell innovation diffusion under a patent pool scenario is unclear. We introduced an innovation diffusion channel model comprising different players with patent licensing relationships and market competition relationships following evolutionary game analysis and simulation. We found the interlinked factors that influenced evolutionary stable strategies with a sensitivity test on all factors to identify the important and unimportant factors. To achieve the maximum return for the players, an optimization algorithm was introduced to find the maximum weighted object function. The decision and policy makers could focus on important factors such as improving the technology’s competitive advantages, delivering more profits to its licensees with reasonable licensing fees, and finding the best patent pool strategy with the support of the optimization algorithm to balance the competition relationships and patent licensing relationships between players.

Competition and the negative expected social value of cost‐reducing innovation

AbstractI study an R&D race among outside entities to a cost‐reducing innovation of a certain magnitude and the subsequent patent licensing by the winner. The target is to study whether the expected social value of the innovation is positive or not. Sufficient conditions under which it is negative or positive are provided. I also find non‐monotonic effects of the innovation's magnitude and the number of incumbent firms on the expected social value.

Fostering the Diffusion of General Purpose Technologies: Evidence from the Licensing of the Transistor Patents

Fostering the Diffusion of General Purpose Technologies: Evidence from the Licensing of the Transistor Patents

‘License to green’: Regional patent licensing networks and green technology diffusion in China

Based on the concept of regional lead markets for environmental innovation, this paper fits exponential random graph models on a regionalized patent licensing network to explore how green technologies diffuse in space. The empirical analysis relies on a novel database of license agreements for Chinese patents, which are used to measure spatial innovation diffusion, as they indicate locations for both innovation development and adoption. Findings suggest, among other factors, that geographic proximity matters, that regions exhibit both network activity and popularity effects particularly in highly populated regions, that network effects such as mutual linking and triadic closure help to explain diffusion processes, and that local technology supply and demand are closely interconnected. In that regard, the role of environmental regulations is identified as being complex. The findings help to understand the formation of regional lead markets for environmental innovation, opening opportunities to accelerate innovation diffusion and a transition towards sustainability.

The advent of 5G and the non-discrimination principle

5G promises to be a game changer for the extended connectivity-based value chain, encompassing a much broader set of digitalized industries than previous solutions. By reshaping competition among market players and among technologies, it changes the trade-offs underlying the application of the non-discrimination principle. In this paper, we provide a unified view of the implications of these technological developments for four instantiations of this principle that span the entire digital value chain: non-discrimination in FRAND licensing of standard-essential patents (SEPs), vertical separation remedies, network neutrality and technological neutrality. We conclude that overly rigid and non-technology neutral interpretations of the non-discrimination requirement would be at odds with technological evolution and would be incompatible with the objective to maximize the overall value of digital networks.

Anti-CD117 CAR T Cells Incorporating a Safety Switch Eradicate Acute Myeloid Leukemia and Deplete Human Hematopoietic Stem Cells

Anti-CD117 CAR T Cells Incorporating a Safety Switch Eradicate Acute Myeloid Leukemia and Deplete Human Hematopoietic Stem Cells

Mgta-145 + Plerixafor Provides GCSF-Free Rapid and Reliable Hematopoietic Stem Cell Mobilization for Autologous Stem Cell Transplant in Patients with Multiple Myeloma: A Phase 2 Study

Mgta-145 + Plerixafor Provides GCSF-Free Rapid and Reliable Hematopoietic Stem Cell Mobilization for Autologous Stem Cell Transplant in Patients with Multiple Myeloma: A Phase 2 Study