2016
Working Paper
HBS Working Paper Series

Patent Disclosures and Standard-Setting

By: Josh Lerner, Haris Tabakovic and Jean Tirole

Format:Print
| Language:English
| Pages:39

Abstract

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.

Keywords

Patents; Corporate Disclosure; Standards

Citation

Lerner, Josh, Haris Tabakovic, and Jean Tirole. "Patent Disclosures and Standard-Setting." Harvard Business School Working Paper, No. 17-030, October 2016.