Lerner, Josh.

Patent Disclosures and Standard-Setting / Josh Lerner, Haris Tabakovic, Jean Tirole. - Cambridge, Mass. National Bureau of Economic Research 2016. - 1 online resource: illustrations (black and white); - NBER working paper series no. w22768 . - Working Paper Series (National Bureau of Economic Research) no. w22768. .

October 2016.

A key role of standard setting organizations (SSOs) is to aggregate information on relevant intellectual property (IP) claims before deciding on a standard. This article explores the firms' strategies in response to IP disclosure requirements--in particular, the choice between specific and generic disclosures of IP--and the optimal response by SSOs, including the royalty rate setting. We show that firms with a stronger downstream presence are more likely to opt for a generic disclosure, as are those with lower quality patents. We empirically examine patent disclosures made to seven large SSOs, and find results consistent with theoretical predictions.




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