PISCATAWAY, N.J., USA, 4 December 2006 The
IEEE Standards Association (IEEE-SA) has approved
a change in its patent policy effective 30 April 2007
that provides for the optional advance disclosure
of "not to exceed" licensing terms associated
with patents that might be included in its standards.
The change is intended to make the IEEE standards-setting
process more transparent. IEEE-SA has also submitted
a request to the U.S. Department of Justice for a
business review letter confirming the Department's
guidance on the antitrust aspects of the new policy.
The revision to IEEE-SA's patent policy has three
key elements:
It permits and encourages the optional and unilateral
ex ante disclosure of royalty rates and other license
terms - that is, disclosure before a patented technology
is included in a standard. The disclosed terms may
include, for example, the maximum royalty rate that
the patent holder will seek to charge.
It improves the mechanisms for making sure that
a patent holder's assurance (which is irrevocable)
fully and effectively binds subsequent owners of
the patent by requiring the patent-holder to provide
notice of the existence of the assurance.
It strengthens provisions for binding the submitter's
affiliates to the terms of the policy, making clear
that affiliates are bound unless the submitter identifies
affiliates it does not wish to bind.
"This change in our patent policy is part of
the ongoing evolution of our standards process,"
says Judith Gorman, IEEE-SA Managing Director. "Until
now, we've allowed the inclusion of essential patents
in IEEE standards if patent holders assure us they
will license their patents without compensation or
with reasonable and nondiscriminatory terms (RAND).
However, the lack of specific information in such
assurances may create uncertainty that can impede
the adoption of a standard.
"The new policy is an important step in correcting
this situation through additional transparency of
licensing terms for the technology alternatives being
considered for inclusion in a standard. The policy
should also benefit anyone who seeks to comply with
IEEE standards after they are approved."
About the IEEE Standards Association
The IEEE Standards Association, a globally recognized
standards-setting body, develops consensus standards
through an open process that brings diverse parts
of an industry together. These standards set specifications
and procedures based on current scientific consensus.
The IEEE-SA has a portfolio of more than 870 completed
standards and more than 400 standards in development.
For information on IEEE-SA see: http://standards.ieee.org/.
About the IEEE
The IEEE has more than 375,000 members in approximately
150 countries. Through its members, the organization
is a leading authority on areas ranging from aerospace,
computers and telecommunications to biomedicine, electric
power and consumer electronics. The IEEE produces
nearly 30 percent of the world's literature in the
electrical and electronics engineering, computing
and control technology fields. This nonprofit organization
also sponsors or cosponsors more than 300 technical
conferences each year. Additional information about
the IEEE can be found at http://www.ieee.org.
