Wednesday, October 26, 2011 12:23:23 PM
From info I've seen posted elsewhere, FRAND rates are much lower than the 3% you suggest. However, if you were right, I'd be very happy.
No, the market does not set FRAND rates. The whole point of FRAND is that if one companies patent is included in a standard, forcing all comapnies to use that patent, the patent holder can't be allowed to hold users hostage. The benefit to the patent holder is that everyone pays the toll without the need for negotiations or lawsuits. The downside is that rates are less than what could be charged if not a FRAND patent.
It's up to the patent holder whether he submits the patent for inclusion in the patent. No one forces a company to do that.
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