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So... is obligatory patent licensing subject to patent exhaustion? If so, what prevents a 3rd party factory from building chips and licensing tech, then selling
by Glyptodon 9y ago
So... is obligatory patent licensing subject to patent exhaustion? If so, what prevents a 3rd party factory from building chips and licensing tech, then selling chips and becoming the only party to pay royalties, and only on the cost of the chips, rather than on the final product? Is there some kind of legal differentiation of patent exhaustion based on who the purchaser is?
- dhruvb14 9y agoNot a lawyer but thats what i would do too.
- petra 9y ago>> what prevent a 3rd party factory from building chips and licensing tech ..? Quallcom. they could dictate the licensing agreement such that the phone maker also has to license it.
- Glyptodon 9y agoOnly if that's part of the standard compulsory license agreement, and if any such agreement somehow gets around patent exhaustion. Which is more or less what I was curious about.
- tracker1 9y agoThat would have definitely improved the state of things for the likes of BluRay software playback... Not to mention most electronics where software is a huge part of interaction. I'm hoping we see some serious reduction in patents in the next few years, including compulsory licensing models for several sectors (namely medical/pharma).
- Glyptodon 9y agoI'm not sure I see how it would have much to do with BluRay at all, at least for playback of encrypted content, as I think that's all about licensing non-patent IP and agreeing to non-patent-related contractual terms.
- tracker1 9y agoIf the licensing were done at the component level, than any software could be used with a BR Drive... no patent royalties on top of the existing implementations in hardware... though, who knows. It's the Patent IP that is the problem... you don't license non-patent IP.