Common and Uncommon Knowledge: Reducing Conflict between Standards and Patents

Brian Kahin, Computer & Communications Industry Association / University of Michigan

4/04/2008
(Original Publish Date: 9/1/2007)

As standards have become critical for advancing technology and new markets, patents have become easier to obtain, more potent, and readily available for software and business methods. A low threshold of inventiveness and the growing opacity of the patent system has made inadvertent infringement commonplace, dramatically increasing opportunities for “patent trolls” to threaten information technology (IT) standards. Because IT standards have much the same investment rationale as most forms of intellectual property, standards that meet minimum requirements should be accorded protection from patent predators. Patent holders should assert their rights promptly or waive the opportunity to sue those who merely practice a public standard.