Patents and Standards

Question 1

Technical specification is the standard

Answer 1

“document, established by consensus and approved by a
recognized body, that provides, for common and repeated use,
rules, guidelines or characteristics for activities or their results,
aimed at the achievement of the optimum degree of order in a given
context”

Question 2

Why are standards needed?

Answer 2

• compatibility and interoperability of products
• Positive impact on trade
  BUT
• possible stifle of competition and discouragement of invention

Question 3

De Jure Standard

Answer 3

Set by standard setting organisations and/ or statutory regulation

Question 4

De Facto Standard

Answer 4

Implemented by market players and accepted by the public

Question 5

When do standards become essential?

Answer 5

• When technology cannot be implemented without the standard

- When a patent disclosed that an invention is technically needed to implement a given industry standard

Question 6

SEP

Answer 6

A patent that protects technology essential to a standard

Question 7

Inherent issues of patented technologies in standards

Answer 7

• competititve advantage for patent holder
• royalties
• bad scenarios

Question 8

Standards are intended for colletive use - WIDE ADOPTION is necessary

Answer 8

Patents are all about exclusivity and creating a monopoly

Question 9

patent system and the standardization process

Answer 9

share the

objective of promoting innovation and diffusion of technology

Question 10

FRAND

Answer 10

• fair terms (not anti-competitive)
• reasonable licensing rates
• non-discriminatory (both the terms