Standards Development Patent Policy Manual

Portada
Jorge L. Contreras
American Bar Association, 2007 - 106 páginas
1 Reseña
Authored by standards experts from across industry, academia and private practice, this book serves as a resource for standards development organizations (SDOs), the lawyers who advise them and other participants involved in the process. It is a comprehensive set of annotated, policy-neutral language that can be instantly accessed and utilized by SDOs who are developing new patent policies or those looking to refine or interpret existing policies.
 

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Índice

ANNOTATED POLICY CLAUSES
5
GENERAL
27
1 Violation
28
4 Ejection from the SDO
29
PATENT DISCLOSURES
31
A Obligation to Disclose
32
2 Participants Patents Covering Any Standards Document
34
ThirdParty Claims
35
3 Defensive Suspension
62
B Obligation Structure of the Licensing Commitment
67
2 Events that Render Licensing Commitments Effective
68
3 Establishment of Licensing Commitments by Working Groups
69
4 Reduction of Licensing Commitment
70
C Licensing Statements
72
2 Timing of Licensing Statements
74
3 Format of Licensing Statements
76

B Timing of Patent Disclosures
36
1 Upon Entry in SDO
37
4 For ThirdParty Claims
38
2 Content and Specificity of Patent Disclosure
40
3 Blanket Patent Disclosures
41
4 Updating Patent Disclosures
42
D Disclosure Exclusions Exemptions and OptOut
43
2 Exemption from Disclosure If Licensing Commitment Is Made
44
3 Exceptions Negative Disclosure
45
E Duration of Patent Disclosure Obligation
46
IV LICENSING COMMITMENTS AND LICENSING STATEMENTS
47
1 Terms of the Licensing Commitment
49
2 Reciprocity
61
4 Licensing Statements Made by Whom
81
5 Duration of Licensing Commitments
82
V NORMATIVE AND INFORMATIVE REFERENCES
87
2 Consistency Required
89
VI SDO ACTIONS AND RESPONSIBILITIES
91
B Review of Patent Disclosures and Licensing Statements by the SDO
92
3 Resubmission to the SDO
93
4 Verification by the SDO
94
The Ex Ante Question
97
Considerations for Creating Forms to Accompany SDO Patent Policies
99
Links to 1PR Policies
103
Index
105
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Página xiii - 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.
Página xi - ANS1 is a voluntary standard body, which has served in its capacity as administrator and coordinator of the US private sector voluntary standardization system for more than 80 years.
Página vii - It was hoped that the decision of the US Court of Appeals for the Federal Circuit in US v.
Página xi - Standards (ANS) by accrediting the procedures of standardsdeveloping organizations (SDOs). These groups work cooperatively to develop voluntary national consensus standards. Accreditation by ANSI signifies that the procedures used by the standards...

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