Section 2.6 Patent Policy  

The Aerospace Industries Association AIA patent policy is Section 2.6 of the Procedures for  the development of the National Aerospace Standards. 

The NASC is a technical group of AIA that represents aerospace manufacturers and undertakes the study of mutual standardization issues concerning aerospace parts and components, related standards, specifications, and other documents.

 

2.6  PATENT POLICY – The NASC shall not conduct any standardization program with respect to a product for which there is a known unexpired patent, or maintain any such standard, unless the patent holder, and any other party claiming exclusive use of patent rights, agrees to make available to interested suppliers a nonexclusive license on reasonable terms and conditions. The Secretariat or his designee shall identify existence of this policy to the NASC and each of its subcommittees prior to the commencement of all NASC meetings.

2.6.1 Disclosure Responsibility – Any company participant in NASC activities, including non-members of AIA, which holds an unexpired patent or exclusive patent rights, or has filed or intends to file a patent application or application for patent amendment that could reasonably be implicated by a proposed standardization project, shall promptly inform the Secretariat and the National Committee about the existence of such patent and its claims.

2.6.2 Statement from Project Sponsor – Prior to commencement of any NASC project to develop or revise a National Aerospace Standard, the Project Sponsor shall provide to the Executive Secretary a written statement that:

(a) to the best of its knowledge, no party claims to hold a patent or exclusive use of patent rights, or application for patent or patent amendment, for any invention that may be required for compliance with the standard; or (b) in the event that the project sponsor is aware that a party claims to hold a patent or exclusive use of patent rights, or application for patent or patent amendment, for any invention that may be required for compliance with the standard, that all such parties have complied with the requirements of Paragraph 2.6.2.

2.6.3 Statement from Patent Holder/Party Claiming Patent Rights – Prior to commencement of any NASC project to develop or revise a National Aerospace Standard that may require use of a patented item, the patent holder, patent applicant, and any other party claiming exclusive use of patent rights, shall provide to the Executive Secretary: (a) a written statement that such party does not hold and does not currently intend holding the patent or patent rights for any invention that would be required for compliance with the standard; or (b) a written statement that: (i) a nonexclusive license will be made available without compensation to the applicants desiring to utilize the license for the purpose of implementing the standard; or (ii) a nonexclusive license will be made available to applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination.

2.6.4 Record of Statements – The Executive Secretary shall maintain copies of the statements referred to in Paragraphs 2.6.1 and 2.6.2 in the NASC Steering Committee files.

2.6.5 Notice – When the Executive Secretary receives a written statement from any party pursuant to Paragraph 2.6.2(b)(i) or 2.6.2(b)(ii), the standard shall include a note as follows:

NOTE – The user’s attention is called to the possibility that compliance with this standard may require the use of an invention subject to patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license.

2.6.6 Responsibility for Identifying Patents – The NASC shall not be responsible for identifying any patents for which a license may be required by a National Aerospace Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

 

 


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