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Giving Process Its Due When a Standard Development Organization Changes the Rules Of the Game December 2016

Patent Policies and Standards Setting: The Issues - What Is Going On? Why Should I Care?


GTW Associates replied July 9 2012 to a question posed in a June 29 2012 Federal Register  by the International Trade Commission, 8. Does the mere existence of a RAND obligation preclude issuance of an exclusion order? …”  

The GTW submission stated in part: GTW Associates believes the mere existence of a RAND obligation does not preclude issuance of an exclusion order. However the facts of any particular situation need examination and may result in a decision a patent holder who has made a RAND declaration does not deserve an exclusion order.  GTW elaborated, “This is not to say that a patent owner may not make a voluntary statement in addition to a RAND assurance that he will not seek an injunction against infringers …This is also not to say that an SDO may not create or revise its patent policy in order to REQUIRE a patent holder to state he will forgo the remedy of an injunction.”






Some criteria of  performance of  standards  development systems October 2012

A measure of  a  system’s or process’  relevance and value in the most general sense, is that system’s or process flexibility  and ability to adapt to  current needs and  realities.  

In the case of  “standards systems”  measureable data indicative  of such flexibility  and ability can  be   statistics of  the performance of  the system to embrace “new” needs that require “new”  solutions or  changes  to or  abandonment of  the “old” solutions.  There exist such data sometimes deep within standards organizations about “new standards” approved;  old standards revised or reaffirmed; and standards withdrawn.  It is helpful to place such numerical counts in relative context  to the “overall” population of standards within the mandate of the system

2011 data show the standards processes for creating American National Standards; IEC and ISO standards are indeed flexible and responsive to changing needs.

GTW President  Willingmyre presented "Cooperation between Patent Offices and Standards Developing Organizations" the National Academies commissioned GTW Associates to prepare  at  the  Symposium on Management of Intellectual Property in Standard-Setting Processes sponsored by the National Academies, 2012 in Washington DC

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 

GTW Associates Comments 2006 on OMB proposal for polices and procedures for agencies to develop, issue and use guidance documents

Presentation and Back ground materials   "Value of Management Systems Certification" at 10th International Conference of Standards Users World Trade and Standardization September, 2001 Berlin




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