commtech talks: patents in ict
DESCRIPTION
Slides of the panel on intellectual property role in ICT products and standardization processTRANSCRIPT
Patents in ICT: academic view
U.Spagnolini
CommTech Talks @ PoliMi – June 5, 2013
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
IP from academia
Goal of the academia: • Have good ideas and make high quality research • Publish the methods/results to be peer reviewed by peers • Exchange ideas and methods with other peers to improve/refine the
research
• Patents are not the main focus of researchers as «it slow-‐down the cycle» (=delay publicaGons & exchange ideas)
• Having the research as part of any standard is just a dream that can be made reality only if there is one industry moGvated to do so
Goal of the industry: • Spend in R&D with minimum risk to maximize the raGo income to R&D
expenditure • Have the most innovaGve and unique product that creates value (we do not consider the case 1patent=1product=1company)
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Research
Publications
Exchange w/peers
new
idea
s
€
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
Innovation in industry vs academia
A simplified model of the innovaGon loops
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Research
Publications
Exchange w/peers
Research
Patents
Standard
Products Royalties €
€
new
idea
s
€
Industry Academia
€
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
Patent as “technical contract”
Research outcome to patent is the criGcal part Assuming that a researcher is willing to patent the idea (not always true): • Researcher is focused to highlight the innovaGve methods (e.g., effecGve algorithm, new
equaGons, etc…) as these are valued by peers • Patent is a legal documents where it is used “words” in Claim structure to protect the
innovaGon (it’s like a contract, wording is the only part used by Court to defend your rights) • Patent needs not to be valued by peers! • Patent aYorney does not just “translate the scienGfic paper into legal words” but forecasts all
legal issues that might raise to legally defend the idea in Court in future (Patent AYorney writes a technical contract)
Example: A and B communicate in noisy environment but they need to set a common language • Researcher view: find the “best algorithm” to let A and B communicate • Patent A0orney view: in order to let A and B communicate, they need to agree before. Claim
the hand-‐shake signaling is a stronger patent (=easier to be defended in Court) than the algorithm and equaGons!
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Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
The balance of royalties 6
20 x IMU’12 (IMU’12=4B€)
+15 x IMU’12
-6 x IMU’12
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
Value of damages and patents (an example) 7
IMU’12 4B€
Apple vs Samsung (Aug.’12)
Ponte sullo stretto 8.5B€ (penale 300M€)
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
R&D expenditure 8
R&D expenditure alone is not enough to jusGfy the unbalance between EU and US
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
Tablets and IPs 9
May 2005
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
Standard & Standard Essential Patents
• In complex products (e.g., cell-‐phone) every patent is one piece in a complex se]ng • Standard guarantees the inter-‐operability of mulGvendor devices (scale economies) • «UMTS device» means that it is guarateed interoperability with UMTS network
• Patent is a legal tool to guarantee the monopoly of the research outcomes
• Every industry offers to others its patents to be part of the Standard (e.g., GSM, UMTS, LTE,...) at FRAND (Fair, Reasonable, and Non-‐Discriminatory) licensing condiGons.
• Licensing a patent in FRAND terms is mandatory before being accepted to become part of a standards body approved technical standard (e.g., Qualcomm's WCDMA patents make up part of the UMTS standard put together by the 3GPP)
• Every patent can be self-‐declared (to ETSI) as EssenGal for the Standard and it is in a database of EssenGal Patents (www.etsi.org/services/ipr-‐database)
• Any patent self-‐declared as «essenGal» is not always truly essenGal.
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Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
3GPP&3GPP2 essential patents 11
Approx. 21% of declared patents are actually essential
[Goodman & Myers, IEEE 2005]
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
What’s in LTE? 12
Start of LTE standardization
Number of patents vs Gme shows an exploding situaGon where players are preparing for a big-‐business
Protezione dell’innovazione nel campo dell’ICT – CommTech Talks 2013
It’s an equilibrium among existing players
• Patents and royalGes are part of peer-‐to-‐peer equilibria (between inflow&ouhlow) that can be ruled by agreements, IPR exchange or Courts
• Any new-‐entry is impaired by IPR with respect to these pre-‐exisGng equilibria • Lawsuits and Court are heartquakes that change these equilibria and let the
players to beYer value their invenGons
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