Sarvas, Soininen/Patent regulation affecting standardization DIFFERENCES IN EUROPEAN AND U.S. PATENT REGULATION AFFECTING WIRELESS STANDARDIZATION

The significance of patents has risen in wireless industry standardization. In the global scene, European and U.S. patent regulations have clear differences. The objective of this study is to identify the state of the art of the key issues surrounding wireless technology standards and patents. Some focus is also given to the recent changes in European patent regulation in contrast to U.S. regulation. The first part of the research is a summary of issues in standardization and patents. The second part is a survey of differences in the two patent regimes, and how they might affect standardization. The study points out clear differences in assessing novelty and the definition of patentable subject-matter. These differences and the ambiguity surrounding European patenting of computer-related inventions causes uncertainty, which produces concrete problems for professionals in European markets familiar only with U.S. patenting practices, and vice versa.