Patents and Standards - modern framework for IPR-based standardization

European Commission, Patents and Standards - a modern framework for IPR-based standardization, final report - executive summary
Standardization and intellectual property rights are key contributors to industrial innovation and industrial competitiveness. Standards ensure rapid diffusion of technologies and interoperability between products. Patents provide incentives for research and development and facilitate knowledge transfers. Many standards comprise innovative technologies that are protected by patents.

Public authorities and the standardization community have developed rules and practices to ensure the efficient licensing of such standard-related patents. These rules and practices aim to give patent holders a fair return on investment in research and development and to allow all users of the standard fair access at reasonable cost.

In 2013 DG Enterprise and Industry commissioned a fact-finding study on the issue of patents and standards. This fact-finding study analyses the rules and practices developed to ensure efficient licensing of standard-related patents. It also covers barriers to efficient licensing and ideas discussed among stakeholders for dealing with these barriers.