European experts discussed how standards can promote innovation in Europe. Tim Pohlmann of IPlytics presented a tool for mapping patented technologies and standards to help companies manage intellectual property rights. Ged Owens of the European Patent Office highlighted how patents and standards work together to support innovation and diffusion of new technologies, while preventing prior disclosed information from being patented. Both emphasized the importance of cooperation between standards bodies and patent offices.

1. [2]
A result of a busy conference on IP and standards
- http://www.ip-watch.org -
European Conference Promotes Use Of Standards As A
Tool For Innovation
Posted By Magda Voltolini On 12/11/2014 @ 3:03 pm | No Comments
BRUSSELS – European experts in research, industry and policymaking at a recent conference
here discussed the importance of integrating standards, research and business into the cycle of
innovation in Europe.
On 30 October, the European Committee for Standardisation (CEN) and the European Committee
for Electrotechnical Standardisation (CENELEC), with the support of the European Commission
and the European Free Trade Association (EFTA), organised the conference, entitled, “Standards:
Your Innovation Bridge [1].”
In a session on standards and intellectual
property rights titled, “Are Standards and
Patents Mutually Exclusive?” Tim
Pohlmann [3], CEO and co-founder of
IPlytics [4] presented an innovative
technology management tool that he
started developing while doing his PhD.
Today, IPlytics offers a solution that
supports firms investing in the
information and communication
technology [5] (ICT) sector such as
Qualcomm, Bosch or Philips.
IPlytics’ interface enables the mapping of the economic landscape of patented technologies and
standardisation systems in relation to innovation. It includes, for instance, the analyses of 80
million patent documents from 47 intellectual property offices, 1.5 million standard-setting
documents from around 900 standard-setting organisations, 60 million scientific publications,
160,000 product descriptions from 60,000 companies and 2,000 industry alliance descriptions.

2. According to Pohlmann, IPlytics analyses provide an accurate management of intellectual
property rights so that firms are able “to focus their R&D expenditures, save costs and leverage
their IPRs.” In other words, private sector players assess whether an innovation is free of third
parties’ intellectual property rights strategically.
With respect to the licensing of standard-essential patents (SEPs), Pohlmann stated that fair,
reasonable and non-discriminatory (FRAND) terms should remain flexible and disputes should be
settled in court.
With regard to the European Public Consultation on Patents and Standards,” [6] he told
Intellectual Property Watch his perspective on the licensing of SEPs, which is:
“The amount of specific FRAND royalties should not be discussed within standard-setting
organisations (SSOs) but in licensing negotiations between patent owners. However, standards
organisations should more specifically describe the conditions of FRAND commitments in their
IPR policies.” Furthermore, the legislation of different countries should harmonise how SEPs can
be enforced, e.g., by defining how to handle reciprocity, injunctions, or the handling of FRAND
commitments in cases of a SEP ownership transfer. A harmonised legal system decreases legal
uncertainty or forum shopping activities and would as a consequence foster innovation.
Pohlmann provided three studies:
Tim Pohlmann and Knut Blind (2014): The Interplay of Patents and Standards for ICT [7]in: PIK,
Issue 37, Nr. 3, pp. 189–195, September 2014.
Tim Pohlmann and Knut Blind (2013): Trends in the Interplay of IPR and Standards [8] in: les
Nouvelles, pages 177-181, September 2013.
Justus Baron and Tim Pohlmann (2013): Who cooperates in standards consortia – rivals or
complementors? [9] in: Journal of Competition Law and Economics, 9 (4), pp. 905-929. 2013.
In the same session, Ged Owens [10], coordinator for public policy issues at the European Patent
Office (EPO), began his presentation by highlighting the EPO’s mission, namely, to “support
innovation, competitiveness and economic growth across Europe.” His perspective focused on the
synergy between patents and standards, “particularly relevant to the fruits of research and
development activities,” and on the EPO patent application/grant procedures associated with
standards.
Owens an example of “the 7 billion mobile device registrations in the world, serving both the
needs of a global public, and generating revenue of billions of euros per annum.”
Against this background, he said that “more than 10,000 families of standard essential patents

3. (SEPs) had been declared as relevant to standards at the European Telecommunications
Standard Institute [11] (ETSI).” ETSI is the official European standardisation body serving the
field of information and telecommunication technologies, which stipulates intellectual property
rights policies for its standards in compliance with European rules.
With regard to the interface of patents and standards, Owens held that while “patents promote
investment in R&D, and support follow-up innovation through disclosure of new technologies,
standards maximise diffusion and interoperability.”
He mentioned that smart phones require interoperability and stressed the fact that “across
different mobile phone types, different networks and countries, while the latest technology
required for performance and functionality reasons is inevitably patented.”
As to patent application/grant procedures associated with standards, he highlighted the
importance of the “non-disclosure” of a novel invention. This refers to the idea that new invention
information must not be disclosed before the filing of a patent application.
“Innovative enterprises interested in standards must file patent applications before disclosing
their potential inventions in the standardisation development process, otherwise disclosure could
prevent them getting a patent later as the knowledge would be considered to be already in the
public domain,” he explained.
Concerning EPO’s role in maintaining a high quality of granted patents related to standards, he
added that the EPO includes standards-related documentation in “prior-art” searches to ensure
patents are only granted if inventions are genuinely novel and inventive. Such EPO procedures
prevent “subject-matter previously disclosed” in SSO meetings being subsequently patented by
non-inventors.
Considering this problem, Owens also cited the existing memoranda of understanding between
the EPO and various SSOs. According to him, such agreements serve two functions, “firstly to
ensure EPO access to this important “prior art” documentation, and secondly to clarify its status
as “non-confidential”.
The EPO has concluded agreements with ETSI, International Telecommunication Union (ITU),
International Electrotechnical Commission (IEC), and the Institute of Electrical and Electronics
Engineers Standards Association (IEEE-SA), as well as “numerous smaller standardisation
bodies.”
Owens concluded that “patents and standards are becoming important in an increasingly wide
range of areas, as information and computing technologies are more and more incorporated in
many traditional technology areas, resulting in smart grids, smart transport, buildings and cities,
e-health and so on.”

4. “This results,” he said, “in more responsive systems and a more efficient, more sustainable use of
resources.”
Image Credits: Magda Voltolini [12]
Related Articles:
European Commission Holds Consultation On Patents And Standards [13]
South Africa Conference On IP And Innovation [14]
Flexible IPR Approach For European Joint Innovation Projects [15]
Article printed from Intellectual Property Watch: http://www.ip-watch.org
Published in: Education/ R&D/ Innovation, Enforcement, English, Europe, Finance, IP Policies,
Language, Patents/Designs/Trade Secrets, Regional Policy, Subscribers, Technical Cooperation/
Technology Transfer, Themes, Venues
URL to article: http://www.ip-watch.org/2014/11/12/european-conference-promotes-
use-of-standards-as-a-tool-for-innovation/
URLs in this post:
[1] “Standards: Your Innovation Bridge:
http://www.cencenelec.eu/News/Press_Releases/Pages/PR-2014-08.aspx
[2] Image: http://www.ip-watch.org/weblog/wp-content/uploads/2014/11/EU-
standards-IP-event.jpg
[3] Tim Pohlmann: http://www.iplytics.com/about-us/,
[4] IPlytics: http://www.iplytics.com/
[5] firms investing in the information and communication technology :
http://www.iplytics.com/about-us/kunden/
[6] Public Consultation on Patents and Standards,”:
http://ec.europa.eu/enterprise/policies/industrial-competitiveness/industrial-
policy/intellectual-property-rights/patents-standards/public-
consultation/index_en.htm
[7] The Interplay of Patents and Standards for ICT :
http://www.iplytics.com/download/docs/articles/Pohlmann%20Blind%20PKI.pdf
[8] Trends in the Interplay of IPR and Standards:
http://www.iplytics.com/download/docs/articles/Blind_Pohlmann_2013_Trends%20
In%20The%20Interplay%20Of%20IPR%20And%20Standards.pdf
[9] Who cooperates in standards consortia – rivals or complementors?:
http://www.iplytics.com/download/docs/articles/Baron_Pohlmann_2013_WHO%20C
OOPERATES%20IN%20STANDARDS%20CONSORTIA%20edits_TP.pdf
[10] Ged Owens: http://www.eu-ems.com/speakers.asp?event_id=235&page_id=2033
[11] European Telecommunications Standard Institute: http://www.etsi.org/
[12] Magda Voltolini: http://www.ip-watch.org" target=
[13] European Commission Holds Consultation On Patents And Standards : http://www.ip-
watch.org/2014/10/29/european-commission-holds-consultation-on-patents-and-
standards/

5. [14] South Africa Conference On IP And Innovation : http://www.ip-
watch.org/2011/09/14/south-africa-conference-on-ip-and-innovation/
[15] Flexible IPR Approach For European Joint Innovation Projects : http://www.ip-
watch.org/2014/09/07/flexible-ipr-approach-for-european-joint-innovation-projects/