IEEE-SA Amends Patent Policy
By Colleen Taylor -- EDN, December 5, 2006
The IEEE Standards Association (IEEE-SA) has approved a change in its patent policy. Effective April 30, 2007, the amendment provides for the optional advance disclosure of "not to exceed" licensing terms associated with patents that might be included in its standards.
According to the organization, 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 IEEE said the revision to its patent policy has three key elements: it permits and encourages the optional and unilateral ex ante disclosure of royalty rates and other license terms; it improves the mechanisms for making sure that a patent holder's assurance fully and effectively binds subsequent owners of the patent by requiring the patent-holder to provide notice of the existence of the assurance; and 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," Judith Gorman, IEEE-SA's managing director, said in a statement. "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. 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," Gorman added. "The policy should also benefit anyone who seeks to comply with IEEE standards after they are approved."
In related news, the Silicon Integration Initiative (Si2) industry consortium last week announced that it will join the IEEE-SA as a corporate member.
