Arianna Martinelli

Selected Quantitative Studies of Patents in Standards

After an introduction into the principle data and methodology, this study starts by providing a quantitative overview of the general features of standard essential patents (also called SEPs). It considers the occurrence of essential patents, how their existence has developed over time, and how essential patents are distributed among SSOs, technology areas, standards, and owners (including their business models). It also considers the legal status of such patents, for example whether they are actually enforceable. The study continues with an analysis on how SEPs differ from ‘regular’ patents. To make a fair comparison, a matched control set of patents was developed. We consider and compare the citation performance, the family size, and the patent grant likelihood. The final four chapters of the study focus on a set of specific topics: (1) ‘blanket disclosures’, (2) essential patent transfer, (3) patent pools, and (4) and litigation.

Showcase: A database for standards and patents

Disclosure of essential patents at standard-setting organizations provides a rich source of information that can be used for various research questions related to standards and innovation. Yet this data also has some limitations and its compilation and preparation create challenges. This paper summarizes a number of recent studies using this type of data and discusses recent efforts to create an open database.