Journal
TELECOMMUNICATIONS POLICY
Volume 44, Issue 3, Pages -Publisher
ELSEVIER SCI LTD
DOI: 10.1016/j.telpol.2019.101870
Keywords
Standard-essential patents; Patent portfolio valuation; Standard development organizations; Technology standards
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Measuring the value of portfolios of Standard-Essential Patents (SEP) is a difficult and controversial exercise. It has recently been suggested to use counts of technical contributions to Standard Development Organizations (SDO) as an indicator of the share of the value of a standard created by an SEP holder. Analyzing a comprehensive database of contributions to the Third Generation Partnership Project (3GPP), I find that contributions are highly heterogeneous in type, outcome, and impact. The standardization process is not intended to screen contributions for the significance of the contribution they make to the standard. Against this background, contribution counts are not a suitable basis for apportioning the value of a standard between different SEP holders. The measure is prone to be easily manipulated. Furthermore, apportioning royalty payments by contribution counts would exacerbate commercial considerations and opportunistic strategies, which could hamper the technical work of SDO working groups.
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