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Patents and Standards

Patents and Standards. Benoît Müller Director, Software Policy (Europe) Business Software Alliance 3 March 2006. Patents on Computer Implemented Inventions. R&D and technological progress All industries rely on technology and patents are relevant for all technologies

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Patents and Standards

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  1. Patents and Standards Benoît Müller Director, Software Policy (Europe) Business Software Alliance 3 March 2006

  2. Patents on Computer Implemented Inventions • R&D and technological progress • All industries rely on technology and patents are relevant for all technologies • Importance of IP assets

  3. Technology Standards • Voluntary, industry-led standards, including open standards • Interoperability • Market-driven solutions • Technology neutral policies

  4. Patents and Standards • Contribution of relevant technologies to standardization • Balance between competing interests • Flexible, market-driven solutions

  5. RAND Licensing Terms • Field of use – reciprocity – restrictions on sublicensing – royalty free or reasonable royalty • Reasonable balance between: • Fostering standards-setting • Promoting development and commercialization of interoperable, competing implementations • Non-discriminatory: • Can be implemented by any development model • Many examples in the marketplace

  6. Conclusions • Adequate and effective patent protection is key for innovation, collaboration and standardization • Balancing the interests of licensors and licensees is appropriate and healthy in a proper functioning, market-based economy • The marketplace, including through standards-setting organizations, is best placed to strike the right balance between all interests, thus stimulating innovation, interoperability and technological progress

  7. Benoît Müller Email: benoitm@bsa.org

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