This paper describes a new database of declared standard-essential patents (SEPs), discusses methods for matching declared SEPs to specific standard documents, and presents empirical evidence on technology standards subject to declared SEPs. Although there is a growing body of empirical research using data on declared SEPs, this research has so far focused on the declared patents, and neglected the implications of SEP declarations for specific standards. Furthermore, we present a new methodology for matching standards with technology classes, using the classification of declared SEPs. This method allows identifying other standard-related patents, and provides information on technological relationships between standards and standardrelated patenting. The paper discusses opportunities for new empirical research using databases of declared SEPs and data on patenting in standard-related technology classes.
K E Y W O R D Spatents, standard-essential patents, technological classification, technology standards
Numerous innovative applications build upon standardized technologies. These technologies increasingly incorporate standard essential patents (SEPs). It is crucial to own SEPs in order to achieve and maintain significant market shares. We test the influence of owning SEPs on a firm's financial performance. In our analysis, we use a unique dataset of firms participating in international standard setting organizations (SSOs). Our results indicate a curvilinear (inverse U-shaped) relationship of owning SEPs on a firm's return on assets. The curvilinear relationship suggests that firms should balance their patent portfolio by holding a share of patents, which are essential for standards, and by holding a share of patents on technologies that are not standardized. Our results further show that the effects of owning SEPs depend on the specific SSO as well as on the size of the patent portfolio. Our findings are a first step toward identifying and assessing the financial impact of patents essential to standards. Our empirical tests suggest that companies should pursue a common strategy for patenting and standardization to exploit patented inventions in technology fields where standards matter
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