Intellectual
Property Rights Policies of selected standards
developers
Compiled
by GTW Associates
May, 2002
|
Standards
Body |
Policy
|
Guidelines
|
Claims
info and Database |
IPR covered |
Principle
|
Baseline
IPR statement |
ANSI |
1.2.11
ANSI patent policy - Inclusion of Patents in American National Standards
Also
duplicated below
|
Guidelines for Implementation of the ANSI Patent Policy
An Aid to More Efficient and Effective
Standards Development In Fields That
May Involve Patented Technology
|
A record of the patent holders statement shall be placed and
retained in the files of the Institute.
When the Institute receives from a patent holder the assurance set
forth in 1.2.11.1
a) or b), the standard shall include a note
No data base |
If the Institute receives a notice that a proposed American National
Standard may require the use of a patented invention |
There is no objection in principle to drafting a proposed American
National Standard in terms that include the use of a patented item, if it is considered
that technical reasons justify this approach. |
Reasonable terms and conditions that are demonstrably free of any
unfair discrimination |
ATM Forum |
Article
3.1 ATM Forum Bylaws |
|
Record of Statements Holder. A record of all claims of intellectual
property rights and of any rights holders' statements with regard to any assurance
requested or given shall be placed and retained in the files of the Corporation and made
available to the members.
Database
|
When a member holds or anticipates holding patent rights, the use of
which would be required to implement all or part of an approved or a proposed Corporation
specification |
There is no objection in principal to drafting a proposed
specification in terms that include the use of a patented item if it is considered that
technical reasons justify this approach |
written assurance that it will grant licenses on reasonable and
non-discriminatory terms and conditions to use the existing or anticipated patent right to
the extent required to implement such specification or a part thereof for use in an
implementation of such specification |
BSI |
BRITISH
STANDARD BS 0-1:1997 A
standard for standards Part
1: Guide to the context, aims and general principles Article
8.6 Part
3: Specification for structure, draft and presentation Article 9.4 |
BRITISH STANDARD
BS 0-1:1997 A
standard for standards Part
1: Guide to the context, aims and general principles Article
8.6 Part
3: Specification for structure, draft and presentation Article 9.4 |
BSI should keep a formal record
signed by the patent holder of the agreement to grant such licences.
9.4.1 If a patented invention is to be included as the
sole means of compliance with a standard and the technical committee is satisfied
regarding the patent and its endorsement licences of right or, in the case of
a pending application, equivalent pre-grant terms. the follwoing note shall be
included at the appropriate point
in the standard |
a) to the endorsement licences of
right for a British patent; or b) to terms required for a foreign patent. A
technical committee should, if necessary, warn an intending applicant for a patent that,
except under strict conditions on which a patent agent could advise, early disclosure of
the essential details of an invention,
even within a BSI committee, may invalidate any subsequent application for a patent. |
8.6.6.1 Inclusion of a proprietary material, product or
process as the sole means of compliance with any of the requirements of a British Standard
should be avoided unless the technical committee has established that there is no
satisfactory alternative available.
8.6.6.4 If a technical committee finds that a proposed
solution is the subject of an application for a patent, or that such an application is
intended, it should inform the applicant of the undesirability of using a patented
invention in a standard. If the applicant nevertheless decides to proceed and the
technical committee considers that no satisfactory alternative is available, the
applicants agreement should be obtained:
If a technical committee wishes to include an invention subject to such a patent
as a requirement of a British Standard...
Voluntary adoption of an international standard is made more complex by any need
to use articles covered by foreign patents on account of the discrepancies between UK and
international patent law.
8.6.6.3 When a standard is being reviewed or revised that
includes a patented invention, BSI Legal Services should be asked to check the
position regarding the patent, particularly how long the patent has to run. |
BSI and the owner of the patent should agree on
the terms under which the patented invention is to be included. These are normally that
licences will be granted to all applicants (from whatever country) on reasonable and non-discriminatory
terms .
If
a technical committee decides that the inclusion of an invention that is the subject of a
British patent is essential as a requirement of a British Standard, BSI Legal Services
should be asked to confirm or secure that the patent is endorsed licences of
right at the Patent Office. This ensures that: a) licences under the patent are
available to all applicants as of right; b) any disagreement as to terms between the owner
of the patent and a person requiring a licence is subject to settlement by the
Comptroller of the Patent Office |
CEN
and
CENELEC |
CEN/CENELEC Guide 8
1992 Standardization and Intellectual Property rights |
CEN/CENELEC Guide 8
1992 Standardization and Intellectual Property rights |
A
record on a patent holder's statement shall be placed in the files of CEN or CENELEC (as
appropriate) and shall be referred to in the relevant European Standard.
No
database |
originator of a proposal of such a kind shall draw attention to any
known patent and like rights on a worldwide basis or any known pending applications |
Standardization is intended to put ideas into the public domain,
whereas protection of IPR makes them private property. Therefore, any use of IPR by a
standard is an anomaly, sometimes an unavoidable one, which needs careful management |
licences under patent and like rights with applicants throughout the
world on reasonable terms and conditions |
DIN |
5.9:
DIN 820 Part 1 "Standards work - Principles" |
|
This
shall be indicated by way of a preliminary note in the standard concerned |
existing
proprietary rights |
"Standards
shall not deal with subjects that are covered by proprietary rights. If, in exceptional
cases, it is unavoidable that existing proprietary rights are affected by a standard
|
an agreement shall be reached with the holders of
such rights that is consistent with the general interest (e.g. granting of licences on
suitable terms). |
ECMA |
Code of conduct
in Patent Matters |
See also Article 4.1 Bylaws
And
Article 3 ECMA
rules |
Each draft standard shall be submitted two months ahead of a General
Assembly, by registered mail. All members are required to state no less than two weeks
before the GA or at the end of the postal voting period whether they claim any issued
protective rights covering the subject matter of the proposed standard and/or have
knowledge of such rights of third parties. 2.3
Replies to this request will be circulated in due time before the General Assembly.
2.4
When an answer is not received from a Company, the General Assembly may proceed to a vote
on the assumption that this Company will act in accordance with the General Declaration,
that is to license possible relevant issued patents on a reasonable and non-discriminatory
basis. |
In case the proposed Standard is covered by issued patents of ECMA
members only: Members of the General Assembly are asked to state the Company licensing
policy with respect to these patents. Each member of the TCs and/or of the General
Assembly of ECMA will determine whether any proposed standard may be covered by any patent
for which his company has a pending application; if such a patent application exists, his
continued participation to the relevant committee will imply that such a patent, when
obtained later, will be made available from his company for licensing on a reasonable,
non-discriminatory basis. 1.3.2
Each member of the TCs and/or of the General Assembly of ECMA will determine whether any
proposed standard may be covered by any patent for which his company has a pending
application; if such a patent application exists, the favourable vote of the Company to
the General Assembly will imply that such a patent, when obtained later, will be made
available from his company for licensing on a reasonable, non-discriminatory basis.
|
The General Assembly of ECMA shall not approve recommendations of
Standards which are covered by patents when such patents will not be licensed by their
owners on a reasonable and non-discriminatory basis. |
prepared to grant licences on a reasonable, non-discriminatory basis
|
ETSI |
ETSI Intellectual Property
Rights Policy |
The Technical Body Chairmans Guide to
IPR |
Any published STANDARD or TECHNICAL
SPECIFICATION shall include information pertaining to ESSENTIAL IPRs which are brought to
the attention of ETSI prior to such publication. ETSI shall establish appropriate
procedures to allow access to information at any time with respect to ESSENTIAL IPRs which
have been brought to the attention of ETSI.
Database
|
Each
MEMBER shall use its reasonable endeavours to timely inform ETSI of ESSENTIAL IPRs it
becomes aware of |
ETSI
IPR POLICY seeks to reduce the risk to ETSI, MEMBERS, and others applying ETSI STANDARDS
and TECHNICAL SPECIFICATIONS, that investment in the preparation, adoption and application
of STANDARDS could be wasted as a result of an ESSENTIAL IPR for a STANDARD or TECHNICAL
SPECIFICATION being unavailable. In achieving this objective, the ETSI IPR POLICY seeks a
balance between the needs of standardization for public use in the field of
telecommunications and the rights of the owners of IPRs |
give within
three months an undertaking in writing that it is prepared to grant irrevocable licences
on fair, reasonable and non-discriminatory terms and conditions under such IPR to at least
the following extent: MANUFACTURE, including the
right to make or have made customized components and sub-systems to the licensee's own
design for use in MANUFACTURE; sell, lease, or
otherwise dispose of EQUIPMENT so MANUFACTURED; repair,
use, or operate EQUIPMENT; and use METHODS. The above undertaking may be made subject to the condition
that those who seek licences agree to reciprocate. |
IEEE |
Article
6 Patents IEEE-SA Standards Board Bylaws |
Article
6 IEEE-SA Standards Board Operations Manual
|
Database
of claims
|
IEEE standards may
include the known use of patent(s), including patent applications, provided the IEEE
receives assurance from the patent holder or applicant with respect to patents essential
for compliance with both mandatory and optional portions of the standard |
IEEE standards may
include the known use of patent(s), including patent applications |
without compensation or under reasonable rates, with reasonable
terms and conditions that are demonstrably free of any unfair discrimination |
IETF |
Chapter 10
IETF The Internet Standards Process RFC 2026
and
Direct link
See also RFC 3184 IETF Guidelines for Conduct |
|
database |
it is
necessary to understand any intellectual property rights (IPR) relating to the
contributions. The
contributor represents that he has disclosed the existence of any proprietary or
intellectual property rights in the contribution that are reasonably and personally known
to the contributor. |
In all matters of intellectual
property rights and procedures, the intention is to benefit the Internet community and the
public at large, while respecting the legitimate rights of others
From Code of Conduct IETF participants use their best
engineering judgment to find the best solution for the whole Internet, not just the best
solution for any particular network, technology, vendor, or user. We follow the
intellectual property guidelines |
shall
attempt to obtain from the claimant
of such rights, a written assurance
that upon approval by
the IESG of the relevant Internet
standards track specification(s),
anyparty will be able to obtain the right to
implement, use and
distribute the technology or
works when implementing, using or distributing technology based upon the specific
specification(s)
under openly specified, reasonable, non-discriminatory
terms
|
ISO
And
IEC
And
ISO/IEC JTC1 |
For ISO server
Aticle 2.14 ISO/IEC
Directives, Part 1 Rules
for the structure and drafting of International Standards 4th edition 2001
For IEC version Article 2.14 ISO/IEC Directives
Also text duplicated below
And
For ISO server Annex H ISO/IEC Directives, Part
2 Rules
for the structure and drafting of International Standards 4th edition 2001
for
IEC server Annex H ISO/IEC Directives, Part
2 Rules
for the structure and drafting of International Standards 4th edition 2001
Also
duplicated below |
|
published document for
which no patent rights are identified during the preparation thereof, shall contain the
following notice |
Any party involved in
the preparation of a document shall draw the attention of the committee to any patent
rights of which it becomes aware during any stage in the development
of the document. The originator of a
proposal for a document shall draw the attention of the committee to any patent rights of
which the originator is aware and considers to cover any item of the proposal. |
If, in exceptional
situations, technical reasons justify such a step, there is no objection in principle to
preparing an International Standard in terms which include the use of items covered by
patent rights defined as patents, utility models and other statutory rights based
on inventions, including any published applications for any of the foregoing |
willing to negotiate worldwide licences under his rights with applicants
throughout the world on reasonable and non-discriminatory terms and conditions.
|
ITU |
ITU-T Patent_Policy |
ITU-T Readme
|
Standard
form of disclosure
Database
of claims
|
any known patent or to any known pending patent application
position on copyrights under consideration |
a commercial (monopolistic) abuse by a holder of a patent embodied
fully or partly in a Recommendation must be excluded. To meet this requirement in general
is the sole objective of the code of practice. |
willing to negotiate licenses with other parties on a
non-discriminatory basis on reasonable terms and conditions |
J Consortium, Inc
|
IPR policy |
JConsortiumTechnical Committee
Organization Rules and Procedures
|
When
patents have been identified for draft specifications subject to public comment, and final
published specifications, the following notice shall be included in the introduction
In this
respect, the statement of the holder of this patent right is registered with J Consortium.
No
database |
information on potentially pertinent patents shall be made to the J
CONSORTIUM Subgroup members and J CONSORTIUM simultaneously. The call shall also encourage
disclosure, where possible, of the existence of pending U.S. patent applications relating
to the specification under development, and of any relevant unexpired foreign patents |
This policy covers the IPR for specifications created by the J
CONSORTIUM.
|
License
the patented technology under reasonable terms and conditions that are demonstrably free
of unfair discrimination |
JEDEC |
JEDEC_Patent_Policy_
and
Section 7
Legal Requirements JEDEC Manual of Organization and Procedure February 1999
|
Section 7
Legal Requirements JEDEC Manual of Organization and Procedure February 1999 |
All
correspondence between the patent holder and the formulating committee 5 ,
including a copy
of the written assurance from the patent holder discussed above,
shall be transmitted to the
JEDEC office and the EIA Legal Counsel at the earliest possible time
and, in any case, before the
standard is otherwise ready for committee ballot circulation;
cautionary language in standard;
No
database of claims |
known patents and patent applications that are or may be relevant to
the work of
the formulating committee. This duty extends to the patent owner and
any other participant on
the
formulating committee with knowledge of the patent or patent application. |
JEDEC
standards that require the use of patented items should be considered with great care.
While there is no restriction against drafting a proposed standard in terms that include
the use of a patented 13 item if
technical reasons justify the inclusion, committees should avoid standardization that
refers to a product on which there is a known patent unless all the relevant technical
information covered by the patent is known
to the formulating committee, subcommittee, or task group. |
license
will be made available to applicants desiring to implement the standard
either without compensation or under reasonable terms and conditions that are demonstrably
free of any unfair discrimination. |
OAsis |
OASIS
Policy on Intellectual Property Rights
and
Oasis-Bylaws
|
OASIS
technical committee Guidelines
|
IPR claims are noted on the TC
page
see for example
claim of patent
holder
"OASIS has been notified of intellectual property rights
claimed in regard to some or all of the contents of this specification. For more
information consult the online list of claimed rights."
Where any patents, patent applications, or other proprietary rights
are known, or claimed, with respect to any specification developed within the OASIS
process, and are formally brought to the attention of the OASIS Board of Directors, the
OASIS Board of Directors shall not advance the specification without including in the
document a note indicating the existence of such rights, or claimed rights |
The contributor represents that he has disclosed the existence of
any proprietary or intellectual property rights in the contribution that are reasonably
and personally known to the contributor
Where any patents, patent applications, or other proprietary rights
are known, or claimed, with respect to any specification developed within the OASIS
process |
In all matters of intellectual property rights and procedures, the
intention is to benefit the public at large, while respecting the legitimate rights of
others
All legal encumbrances (copyright, patent, etc.) should be
identified so that the OASIS Board of Directors have the opportunity to decide whether
this work can be sent to the OASIS membership. OASIS may not want to recommend to its
members a work that has questionable or hidden legal encumbrances, and OASIS members have
the right to full knowledge about a specification before they vote to accept it..
|
openly specified, reasonable, non-discriminatory terms |
Object Management Group (OMG)
|
Article 2.3 Commercial Considerations in
OMG Technology adoption |
Appendix B11 Object management Group
Architecture Guide
and
Section A2.3 OMG Process
Details
|
If the
submitter owns IPR to which an use of a specification or support measure based upon its
submission would necessarily be subject, it must certify to the Business Committee that it
will make a suitable license available to any user on non-discriminatory and commercially
reasonable terms, to permit development and commercialisation of an implementation that
includes such IPR. |
OMG
will not adopt a specification or support measure if OMG is aware of any submitter, member
or third party which holds a patent, copyright or other intellectual property right (collectively
referred to in this policy statement as "IPR") |
It is the goal of the OMG to make all of its specifications
available with as few impediments and disincentives to adoption as possible |
OMG will not adopt a specification if OMG is aware of any submitter,
member or third party which holds a patent, copyright or other intellectual property right
(collectively referred to in this policy statement as "IPR") which might be
infringed by implementation of such specification, unless OMG believes that such IPR owner
will grant a license to implementers (whether OMG members or not) on non-discriminatory
and commercially reasonable terms |
OpenGroup |
The Open
Group Tehnical Procedures 11 Interface Adoption Criteria |
|
An
assurance that a person developing a product in accordance with the standard
is immune from any liability to the contributor of the material in respect of the use by
him or his customers of such material, other than through failure to properly license
predisclosed patents. The erms to be such that The Open Group will not be inhibited in its
efforts to secure acceptance by international standards bodies. |
copyright
holder of the material
If
the interfaces to be adopted are covered by patents |
it
is recognised that some constraints, such as licenses and/or patents, may not be known at
the time of submission and The Open Group can provide no immunity from legal action to any
company utilising the specifications. |
A
permanent royalty free copyright license from the copyright holder of the material for The
Open Group to use and publish
patents
must be licensed by their owners on a reasonable and non-discriminatory basis. |
PICMG-PCI Industrial Computer Manufacturers Group, Inc
|
XII Intellectual Property Byalws |
See on web site letter will disclose the MCG
patents relevant to the CSMB specification and another letter will state that Motorola
will license the patented technology to all members of PICMG in a reasonable and fair
nondiscriminatory fashion |
|
It is the good faith objective of the Corporation (i) to make any
Technology which may be developed available as soon as its development and adoption by the
Corporation is complete to all Members who have not participated in the development or
determination of such Technology as well as to all those who have participated on the same
terms, and (ii) to make all such Technology available at the same point in time to all
Members, and (iii) to make all such Technology available to all non-Members on fair and
reasonable terms and conditions.
. |
All
intellectual property, specifications, guidelines and any other technology or assets (collectively,
"Technology") developed by the Corporation, whether developed by employees of
the Corporation alone or with the assistance of employees or consultants of any Member(s),
shall become the sole property of the Corporation, unless otherwise determined pursuant to
such rules as the Board of Directors may adopt from time to time. Without limitation, such
rules may control all rights of publication relating to the Technology, the ownership of
such Technology, the license rights which Members may be entitled to therein, and the fees
(if any) which the Corporation may charge Members for access to such Technology. |
All intellectual property, specifications, guidelines and any other
technology or assets (collectively, "Technology") developed by the Corporation,
whether developed by employees of the Corporation alone or with the assistance of
employees or consultants of any Member(s), shall become the sole property of the
Corporation
However see disclosure column |
PKI |
Section
2.7 e Bylaws |
|
In the
case of those Members submitting a PKI Forum Work Item for adoption, such Members shall
execute such written agreement confirming the agreements made by the Member in this
Section as the Executive Board may from time to time
require. |
By
submitting a PKI Forum Work Item to the PKI Forum, a Member agrees that if a specification
or amendment incorporates such PKI Forum Work, then (i) such Member will license all patented
technology and other intellectual property rights which are owned by it and which might be
infringed by the specification or amendment in question without compensation or (ii) such Member
will license all patented technology and other intellectual property rights which are owned
by it and which might be infringed by the implementation of the specification or amendment
in question under reasonable terms and conditions that are demonstrably free of unfair
discrimination; |
By
contributing a Contributed Work Item to the PKI Forum, each Member warrants to the best of
its knowledge that it shall own any Contributed Work Item at the time it is contributed to
PKI Forum
or have sufficient rights in such Contributed Work Item to ensure that it is able to make
such contribution. |
reasonable
terms and conditions that are demonstrably free of unfair
discrimination; |
Rosettanet |
Bylaws
and Intellectual Property rights policy |
|
Any RosettaNet specification that includes such a royalty-bearing
contribution will be clearly labeled accordingly, and a description of license terms will
be included with the specification. |
intellectual property which a participant in a working group
contributes to RosettaNet in connection with a RosettaNet specification development effort
|
This Policy is the complete and exclusive statement of
RosettaNets intellectual property policy, and applies to and governs all
RosettaNet-related activity and all RosettaNet members moving forward. |
contributor agrees that it will grant to any third party
implementing such specification, on royalty-free and otherwise reasonable and
non-discriminatory terms, a non-exclusive, non-transferable, world-wide license under any
Necessary Claim that reads on such contribution
If a RosettaNet member, which has not already formally joined a
particular working group, believes that a potential contribution would significantly
advance the efforts of that working group but is unwilling to contribute in accordance
with this Policy
. the
member offers the contribution to all RosettaNet users on reasonable and
non-discriminatory license terms.
|
Salutation Consortium
|
13.4.1 Bylaws |
|
Member owning the same
agrees to grant, upon request, a worldwide, non-exclusive license for the life of the
Licensable Patent to the Consortium, other Members and non-members, on reasonable and
non-discriminatory terms and conditions. |
In the
event that a Member owns, now or hereafter, any patent or patent application covering
technology relating to the Scope of the Consortium (as defined in Section 1.3, but excluding
any Product functions themselves not related to capabilities access, capabilities exchange
and/or Product interoperability) that directly enables any implementation of any
Specification adopted at any time by the Board of Directors (the "Licensable
Patent"), |
Inventions
made in the development work of the Technology and patent rights thereon rest in the
Member(s) who make(s) such inventions. In the case where inventions are made jointly, the
rights thereon are jointly owned by the Members who made such joint inventions, and each
joint owner may practice and may license a third party to practice such jointly made inventions
without accounting to the other Member(s) |
Member
owning the same agrees to grant, upon request, a worldwide, non-exclusive license for the
life of the Licensable Patent to the Consortium, other Members and non-members, on reasonable
and non-discriminatory terms and conditions. |
SCC |
Article 5.8 CAN-P-1D Accreditation of
Standards-Development Organizations |
Anex2 CAN-P-1D Accreditation of
Standards-Development Organizations |
A record of the right holder's statement shall be
placed in the registry of the (SDO) head office, and shall be referred to in the
introduction to the relevant Canadian standard If the right holder does not provide such a
statement, the committee concerned shall not proceed with inclusion of an item covered by
a patent right in the Canadian
standard without authorization from (SDO) |
which include the use of items covered by patent rights
- defined as patents,utility models and other statutory rights based on inventions,
including any published applications for any of
the foregoing - even if the terms of the standard are such that there are no alternative
means ofcompliance |
If, in exceptional situations, technical reasons
justify such a step, there is no objection in principle to preparing
a Standard in terms which include the use of items covered by patent rights |
Standards should not be drafted in terms that include the use of a
patented item unless the use of such an item is justifiable for technical reasons, and the
rights holder agrees to negotiate licences with interested applicants, wherever located,
on reasonable terms and conditions.
|
SCTE |
Article 5.7 Manual of Organization
and Procedure for the Standards Program of the Engineering Committee The Society of Cable
Telecommunications Engineers (SCTE) October 16, 2001 |
|
database
standard form of
declaration
|
incumbent
on members in the SCTE standards process to immediately notify the SCTE Secretariat if
they hold, believe they hold, or believe someone else holds a patent or patents which are essential
in implementing a standard. |
There
is no objection in principle to drafting an SCTE standard in terms that include the use of
a patented item, if it is considered that technical reasons justify this approach. |
Assurance
that a license will be made available to applicants under reasonable terms and conditions
that are demonstrably free of any unfair discrimination. |
SDR Forum (Software Defined Radio Forum)
|
4.8.3. SDR Forum's
Patent Policy
|
|
Prior to approval, adoption and/or publication of such a proposed
standard, the Forum shall receive from the patent holder either a written statement If the patent holder chooses to proceed under Section 4.8.3.a. (2),
the patent holder shall also submit the following information to the Forum and its Counsel
for their review: (a) the terms and conditions of the proposed license, and (b)
information regarding the number of independent licensees, if any, who at the time such
statement is submitted, have accepted or indicated their acceptance of such license on
those same terms and conditions. The statement, including the terms and conditions and the
number of independent licensees, shall be kept in confidence pending review by the Forum
and its counsel. Upon publication or adoption of the standard to which the statement
applies, the Forum shall no longer be required to keep the statement confidential. A
record of the patent holder's statement shall be placed and retained in the files of the
Forum. If the Forum decides to adopt and/or publish the standard to which the statement
applies, the Forum shall make such statement available to those who request review.
4.8.3.c.
Notice
When the Forum receives from a patent holder the assurance set forth in/4.8.3.a.(1) or
4.8.3.a.(2), the standard shall include a note |
If the Forum decides or receives notice that the proposed standard
will require the use of an invention covered by an unexpired patent, and whose patent
registration number is given in the notice |
The
contributor represents that he has disclosed the existence of any proprietary or
intellectual property rights in the contribution that are reasonably and personally known
to the
contributor |
a license will be made available to applicants under reasonable
terms and conditions that are demonstrably free of any unfair discrimination. |
T1 |
Article 14 Patent Policy Accredited
Standards Committee Telecommunications Procedures Manual |
|
A record of the patent holder's statement shall be placed and
retained in the files of the Institute.
|
include the use of a patented item, |
There is no objection in principle to drafting a proposed American National
Standard in terms that include the use of a patented item, if it is considered that
technical reasons justify this approach. |
Committee T1 has adopted the ANSI Patent Policy from
ANSI publication: Procedures for the Development and Coordination of American National
Standards, copyright March 1997. (although current edition is 2001) A license will be
made available to applicants under reasonable terms and conditions that are demonstrably
free of any unfair discrimination.
|
The Global Platform Organization
|
Article III Bylaws
and
IPR procedure
and
IPR policy
|
21 pages |
|
All
intellectual property, specifications, guidelines and any other technology, publications
or assets (collectively, "Technology") including, without limitation, any of the
same which may be represented by any standards and specifications which may from time to
time be submitted to or adopted by the Company, shall be subject to such polices and
procedures as may from time to time be adopted by the Board of Directors |
Intended to balance several competing interests as well as well as
to be in the range of current practice for
other industry consortia and standards setting groups |
reasonable terms and conditions that are demonstrably free of any
unfair discrimination. |
TIA |
Patent
Policy TIA Engineering Manual |
|
a record of the patent holder's statement shall be placed and
retained in the files of TIA
and
TIA Publication shall include a note
Database |
When an Essential Patent has been identified in any proposed TIA
Publication |
There is no objection in principle to drafting a TIA Publication in
terms that include the use of a patented item, if it is considered that technical reasons
justify this approach |
A license under any Essential Patent(s) or published pending patent
application(s) held by the undersigned company will be made available under reasonable
terms and conditions that are demonstrably free of any unfair discrimination to applicants
only and to the extent necessary for the practice of the TIA Publication |
W3C |
2.2
W3C IPR policy
current
Patent practice
Draft
royalty free policy |
Patent Policy working group
home page
and
frequently asked
questions |
To
disclose patent and IPR claims, individuals must send email to patent-issues@w3.org, which is an archived mailing
list readable by Members and the Team.
Claims and statements of
intenton to license posted to technical committee web sites for example |
patent
and IPR claims |
W3C believes it is necessary to adopt a more comprehensive policy
and process for addressing the relationship between the open technical recommendations
developed by W3C and patent rights held by W3C Members and others. In developing a new Patent Policy for W3C activities, our goal is to
affirm the Web community's long-standing preference for recommendations that can be
implemented on an RF basis. Where that is
not possible, the new Policy will provide a framework to assure maximum possible openness
based on RAND licensing terms.
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This
current practice has evolved in order to satisfy the goal held by a number of W3C Members
and significant parts of the larger Web community: that W3C Recommendations should be, as
far as possible, implementable on a RoyaltyFree basis [AC]. The current
practice described here seeks to establish
Royalty-Free implementation as a goal
for Recommendations produced by new and re-chartered Working Groups; encourage maximum disclosure of patents that might
prevent a W3C Recommendation from being implemented on a Royalty-Free basis; provide a process for addressing situations in which
the goal of Royalty-Free implementation may not be attainable.
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