Review of   24 comments addressing IP related aspects 

in standards setting  

on the Web site containing 93 public comments submitted in response    to the 2011 call for comments on Effectiveness of Federal Agency Participation in Standardization 

in Select Technology Sectors for the

National Science and Technology Council Technology Committee  Subcommittee on Standardization

GTW Associates  submitted  recommendations and substantive comments   in  March 7,  2011  Standardization feedback to the  Sub-Committee on Standards  Docket No. 0909100442056302


24 of the comments on the Web site containing 93 public comments submitted in response  referred to Intellectual property rights matters.  GTW Associates has excerpted text from them here    


Fully one third of the 24 respondents noted there was no  need for fundamental change to existing approaches of handling IP issues in standards setting.  Five noted that SDOs currently  use  a diversity of approaches  in their patent polices and  there is not a "one size fits all"  federal policy approach that would add value. Six declared there was little problem in their experience or product sector.  Three  identified problems including those having been addressed though the legal system.  Next most frequent "issue" identified was IP in standards as a foreign trade issue. Four respondents touched on the value of clearly stated SDO policies and public information about policies and letters of assurance   Some identified roles for government and  public/private sector cooperation in developing  checklists for SDO patent lists. A minority called for revisions to OMB-A-119 and/or requirements on SDOs to reduce perceived incidents of "holdup" 



Themes in IP-related comments

Number of instances

No change needed  to current models including (no ex ante mandatory requirement)


No one size fits all approach


IP in standards as global trade issue


There is little problem


A problem described


Value of clearly stated policy & sharing experiences


Suggestions for   a checklist for IP policies


Revisions to OMB A-119 or new requirements proposed


 Note the totals sum to more than 24 since respondents often stated multiple points.



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