Licensing IP embodied in standards, Part 2

Richard H Stern

1/01/2005
(Original Publish Date: 1999)

Much of ANSI's statement reflects common ground between its policy on intellectual property embodied in standards and what the July-August Micro Law column proposed as wise policy for the IEEE and other standardization bodies. However, two principal areas of nonagreement emerge: 1. What should happen if the patent owner fails correctly to identify and disclose its patent rights until after adoption of the standard embodying its patented technology? 2. Is it a “reasonable” licensing condition for a patent owner to demand that users of the standard must relinquish their own patent rights that are not embodied in the standard?