IEEE Announces Decision on Its Standards-related Patent Policy

PISCATAWAY, NJ, 30 September 2022 – The IEEE Standards Association Board of Governors (IEEE SA BOG) took action to update the Patent Policy for IEEE standards development, which will go into effect 01 January 2023.

These updates are intended to improve the clarity of IEEE’s standards processes related to patented technologies, while offering more options for stakeholders.

In accordance with IEEE SA’s policies and procedures, the following resolutions were approved by consensus without objections by the full IEEE SA BOG.

• The IEEE SA BOG approved proposed updates to the IEEE SA Standards Board Bylaws, effective 01 January 2023.
• The IEEE SA BOG approved proposed updates to the IEEE SA Letter of Assurance (LOA) form, effective 01 January 2023.
• The IEEE SA BOG approved proposed updates to the patent policy FAQs, effective 01 January 2023.
• For the same IEEE standard, in instances where there is one Submitter of an Accepted LOA under the 2015 policy and another Submitter of an Accepted LOA under a subsequent policy or using the Custom LOA Form Dated 13 June 2019 – Limited, the IEEE SA Board of Governors resolved that neither Submitter shall have a greater right to seek a Prohibitive Order against the other Party. In such instances, the least restrictive provisions regarding Prohibitive Orders shall apply to both Parties, except to the extent otherwise not permitted by law.
• The IEEE SA BOG resolved that the Custom LOA Form Dated 13 June 2019– Limited will no longer be accepted as of 01 January 2023.

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