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Just-in-time inventions and the development of standards: How firms use opportunistic strategies to obtain standard-essential patents (SEPs)

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  • Byeongwoo Kang
  • Rudi Bekkers
Abstract
Recent years have seen large-scale litigation of standard-essential patents between companies like Apple, Samsung, Google, Motorola and Microsoft. Such patents are particular because they are, by definition, indispensable to any company wishing to implement a technical standard. Firms that do not own such patents are prepared to spend billions of dollars purchasing them. It is an interesting question how firms obtain such patents in the first place, and to what degree this depends on those firms’ strategies at the time of standardization. This paper presents an in-depth investigation on the standardization process of the successful W CDMA and LTE standards for mobile telecommunications. We studied the first 77 meetings where these standards took shape, covering a period of over 12 years, and identified the patenting behavior of each of the 939 individual participants attending these meetings, as well as the patenting behavior by non-participants, together resulting in over 14,000 patents for this technology. Our data reveals a strong relationship between patent timing and the occurrence of meetings. We observed a remarkable phenomenon that we call ‘just-in-time-inventions’: the patent intensity of about-to-become claimed essential patents is much higher during or just before these meetings than in other periods. At the same time, they are of considerably lower technical value (‘merit’). This suggests that the just-in-time inventions are only beneficial to their owners, whereas for the public they merely invoke unnecessary costs. Finally, we observed that the phenomenon of just-in-time inventions is highly concentrated among specific types of firms, above all vertically integrated ones, and the incumbent champions of the previous technology standard. We believe our findings have several implications for standard setting organizations and policy makers alike.

Suggested Citation

  • Byeongwoo Kang & Rudi Bekkers, 2013. "Just-in-time inventions and the development of standards: How firms use opportunistic strategies to obtain standard-essential patents (SEPs)," Working Papers 13-01, Eindhoven Center for Innovation Studies, revised Feb 2013.
    • Handle: RePEc:ein:tuecis:1301
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    References listed on IDEAS

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    1. Manuel Trajtenberg, 1990. "A Penny for Your Quotes: Patent Citations and the Value of Innovations," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 172-187, Spring.
    2. Marc Rysman & Timothy Simcoe, 2008. "Patents and the Performance of Voluntary Standard-Setting Organizations," Management Science, INFORMS, vol. 54(11), pages 1920-1934, November.
    3. Carl Shapiro, 2001. "Navigating the Patent Thicket: Cross Licenses, Patent Pools, and Standard Setting," NBER Chapters, in: Innovation Policy and the Economy, Volume 1, pages 119-150, National Bureau of Economic Research, Inc.
    4. Carpenter, Mark P. & Narin, Francis & Woolf, Patricia, 1981. "Citation rates to technologically important patents," World Patent Information, Elsevier, vol. 3(4), pages 160-163, October.
    5. Omachi, Masayoshi & 大町, 真義, 2004. "Emergence of Essential Patents in Technical Standards: Implications of the Continuation and Divisional Application Systems and the Written Description Requirement," IIR Working Paper 05-02, Institute of Innovation Research, Hitotsubashi University.
    6. Benjamin Chiao & Josh Lerner & Jean Tirole, 2007. "The rules of standard-setting organizations: an empirical analysis," RAND Journal of Economics, RAND Corporation, vol. 38(4), pages 905-930, December.
    7. Aija Elina Leiponen, 2008. "Competing Through Cooperation: The Organization of Standard Setting in Wireless Telecommunications," Management Science, INFORMS, vol. 54(11), pages 1904-1919, November.
    8. Bekkers, Rudi & Bongard, René & Nuvolari, Alessandro, 2011. "An empirical study on the determinants of essential patent claims in compatibility standards," Research Policy, Elsevier, vol. 40(7), pages 1001-1015, September.
    9. Karki, M. M. S., 1997. "Patent citation analysis: A policy analysis tool," World Patent Information, Elsevier, vol. 19(4), pages 269-272, December.
    10. Harhoff, Dietmar & Gambardella, Alfonso & Verspagen, Bart, 2008. "The Value of European Patents," CEPR Discussion Papers 6848, C.E.P.R. Discussion Papers.
    11. Lemley, Mark A & Shapiro, Carl, 2007. "Patent Hold-Up and Royalty Stacking," Competition Policy Center, Working Paper Series qt8638s257, Competition Policy Center, Institute for Business and Economic Research, UC Berkeley.
    12. Gina Dokko & Lori Rosenkopf, 2010. "Social Capital for Hire? Mobility of Technical Professionals and Firm Influence in Wireless Standards Committees," Organization Science, INFORMS, vol. 21(3), pages 677-695, June.
    13. Berger, Florian & Blind, Knut & Thumm, Nikolaus, 2012. "Filing behaviour regarding essential patents in industry standards," Research Policy, Elsevier, vol. 41(1), pages 216-225.
    14. Fischer, Timo & Henkel, Joachim, 2012. "Patent trolls on markets for technology – An empirical analysis of NPEs’ patent acquisitions," Research Policy, Elsevier, vol. 41(9), pages 1519-1533.
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    Cited by:

    1. Kang, Byeongwoo, 2015. "The innovation process of Huawei and ZTE: Patent data analysis," China Economic Review, Elsevier, vol. 36(C), pages 378-393.
    2. Justus Baron & Kirti Gupta, 2018. "Unpacking 3GPP standards," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 27(3), pages 433-461, September.

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    Keywords

    essential patents; SEP;

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