DocumentCode :
1402055
Title :
Two Approaches to Handling Late Essential/Necessary Patent Claims Against Standards
Author :
Krolikoski, S.
Author_Institution :
Cadence Design Syst., San Jose, CA, USA
Volume :
29
Issue :
5
fYear :
2012
Firstpage :
102
Lastpage :
104
Abstract :
The author considers the question: what if a member of an IEEE SA Working Group either has a granted or pending essential patent (or personally knows that his/her employer owns such a patent), and keeps that information secret despite the regular "calls for essential patents" made at the start of each Working Group meeting? The brief answer in the IEEEs case is that such deviant behavior is grounds for suspension or expulsion from the IEEE-SA for an individual, a representative of an entity or the entity itself depending on how widespread the deception itself. The case can also be referred by PatCom with a recommendation to the IEEE Standards Association Standards Board for appropriate action. Si2, another standards setting organization (SSO), has a different way of handling such a case, which the author describes using a flow chart of its patent policy flow. It is seen that any Si2 member that tried to subvert the system by not disclosing an necessary patent claim until after an Si2 standard was approved and published, will have necessary already agreed to issue a "Reasonable and Nondiscriminatory" (RAND) license on the necessary patents.
Keywords :
IEEE standards; flowcharting; patents; IEEE SA Working Group; IEEE standards association standards board; PatCom; RAND license; Si2 standard; flow chart; granted essential patent; information secret; late essential/necessary patent claims; patent policy flow; pending essential patent; reasonable and nondiscriminatory license; regular calls; standards setting organization; IEEE standards; Licenses; Patents; Standards organizations;
fLanguage :
English
Journal_Title :
Design & Test of Computers, IEEE
Publisher :
ieee
ISSN :
0740-7475
Type :
jour
DOI :
10.1109/MDT.2012.2209053
Filename :
6416055
Link To Document :
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