The Myths and Realities of Standard Implementation & Licensing**

The Myths and Realities of Standard Implementation & Licensing**

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There are many misconceptions—myths, really—relating to the implementation and licensing of standard essential patents. This panel will address the following myths and set the record straight.

Myth #1: Innovation becomes more valuable once it has been declared to be standard essential. Not true. Innovation becomes adopted as a standard because it is valuable, not the other way around.

Myth #2: Technology implementers are locked into a standard, and patent owners seek to extract unjustified licensing payments only after implementers have spent great sums of money investing in the implementation of the standard.

Myth #3: Innovators do not rely on licensing royalty to justify their continued research and development relating to standards, but instead they innovate out of necessity because they need to remain on the cutting edge of innovation.

Myth #4: SEP owners have promised to license implementers, rather than exclude.

Myth #5: When patented technology is adopted as a standard the patent owner can gain an enormous windfall because they can hold up implementers of that technology, threatening to shut down critical infrastructure that the entire industry has adopted unless they are paid an exorbitant fee.

Myth #6: The nature and scope of the FRAND commitment is not equivalent to a patent infringement action.

Materials

Implementer Arguments at the USPTO Public Listening Session on Standards Ignore Business Realities

SEP Licensing is Not a Promise, It’s a Two-Way Street

How companies game the ETSI standard-essential patent database to manipulate perceptions of leadership in 5G

Standard Essential Patents: The Myths and Realities of Standard Implementation

Survey

https://www.surveymonkey.com/r/standard-implementation-licensing