Ten Things to do About Patent Holdup of Standards (and One Not To)

Abstract

Congress, the courts, scholars, and the press have focused more and moreattention on what is shaping up to be the central public policy problem inintellectual property law today: the problem of holdup by patent owners,particularly but not exclusively in the context of standard setting. I willsuggest ten things we might do to deal with this problem, and at least onething we probably ought not to do.