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