Patent Disclosure in Standard Setting

Bernhard Ganglmair, University of Texas at Dallas, and Emanuele Tarantino, University of Bologna

10/25/2011
(Original Publish Date: 4/19/2011)

In this paper we analyze the timing of patent disclosure by a patent holder during the process of industry standard setting. In a non-cooperative model of communication with asymmetric information we endogenize patent holdup to study the eect of patent strength, the productivity of industry standard setting, and a standard setting organization's IPR disclosure rules. We nd that late disclosure is more likely in more productive standard setting organizations and in less competitive industries. The enforcement of antitrust laws against deceptive conduct in standard setting organizations results in earlier disclosure.