ISO,  W3C and TIA examples of published  standards   with respect to assertions of essential IPR but without accompanying statements of satisfactory licensing terms otherwise meeting the organizations procedures

ISO Example

Applicable ISO procedure for IPR is the following:

H.3 A published document for which patent rights have been identified during the preparation thereof, shall include the following notice in the introduction: “The International Organization for Standardization (ISO) [and/or] International Electrotechnical Commission (IEC) draws attention to the fact that it is claimed that compliance with this document may involve the use of a patent concerning (…subject matter…) given in  …subclause…). ISO [and/or] IEC take[s] no position concerning the evidence, validity and scope of this patent right. The holder of this patent right has assured the ISO [and/or] IEC that he/she is willing to negotiate licences under reasonable and non-discriminatory terms and conditions with applicants throughout the world. In this respect, the statement of the holder of this patent right is registered with ISO [and/or] IEC. Information may be obtained from:

... name of holder of patent right … ... address ...

Attention is drawn to the possibility that some of the elements of this document may be the subject of patent rights other than those identified above. ISO [and/or] IEC shall not be held responsible for identifying any or all such patent rights.”

In the case of ISO 11784:1996 Radio-frequency identification of animals - Code structure,  the disclaimer paragraph from the ISO Policy is followed  by notifice  of certain IPR assertions from organizations not willing to comply with the procedures

Attention is drawn to the possibility that some of the elements of this International Standard may be the subject of patent rights other than those identified above. ISO shall not be held responsible for identifying any or all such patent rights.

ISO 11784:1996 Radio-frequency identification of animals - Code structure

Attention is moreover drawn to the possibility that some of the elements of this International Standard may be the subject of patent rights other than those identified above. ISO shall not be held responsible for identifying any or all such patent rights. In that connection, additional correspondences were received from two other companies (AVID and EID) not willing to forward pertinent declaration in accordance with the current ISO Directives.

W3C

The P3P is a technical specification of the World Wide Web Consortium, a non-profit organization that develops World Wide Web technology standards through industry and public consensus.  In late 1999, the Intermind Corporation announced that it had IPR that would be infringed by P3P implementations and Intermind requested parties interested in securing licenses on reasonable and non discriminatory terms to contact them about details.  Intermind contended its  U.S. Patent, would be  may be infringed by W3C metadata technologies, including one of the significant W3C standards the Platform for Privacy Preferences (P3P). In October 1999 the World Wide Web Consortium (W3C) released a legal analysis finding that Platform for Privacy Preferences (P3P) technology does not infringe a patent held by the Intermind Corporation. W3C retained the law frim  Pennie & Edmonds, to evaluate the degree to which P3P does or does not infringe the Intermind patent  concluded that compliance with the P3P standard can be accomplished without infringing Intermind's patent. Widespread deployment of P3P-compliant technologies was threatened when the patent holder sought to charge royalties for products or services using the P3P specification, despite the fact that the technology was developed in an open, collaborative process by a number of W3C Members.

TIA

The Telecommunications Industry Association (TIA) once added a statement  to a particular "Interim Standard" where there had been a claim of IPR, but no Letter of Assurance offering at least RAND was filed with TIA by the patent holder. In that instance, for a short while, the Telecommunications Industry Association (TIA) Interim Standard in question contained the warning, "Users of this standard are cautioned that one or more patents (if issued) which are not presently available for licensing under terms which are reasonable and demonstrably free from unfair discrimination may be essential to the implementation of this standard."  That special warning was removed when the company owning that IP eventually filed a complying LoA with TIA.

 

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