Patent aggregation, innovation and eu competition law

Patents in information and communication technology (‘ICT’) industries have acquired new functions beyond the protection of a product market exclusivity, such as blocking competitors’ operations, improving bargaining positions in commercial negotiations, and influencing the setting of standardised technologies. The multiple functions make ICT patents very valuable to firms, which aggregate them in collections, also known as patent portfolios. This research analyses the activities of the different entities aggregating patents that go under the encompassing term of patent aggregation. Specifically, it assesses whether single patent aggregation instances can have anti-innovative effects and whether, in so doing, they could violate EU competition law, which also protects technological development.