Excerpt From VITA Policies and Procedures

16. Patents

The following is an excerpt from Guidelines for Implementation of The ANSI Patent Policy available from the ANSI office.

"Patents may be part of a standards document if it is considered that technical reasons justify this approach. However, for the standard to gain ANSI acceptance the patent holder must provide a written statement to ANSI with assurances that:

  • (1) A license will be made available without compensation to applicants desiring to utilize the license for the purpose of implementing the standard,

    or

    (2) A license will be made available to applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination.

    •

    Early Patent Disclosure

    (a) In any VSO meetings, task group meeting, or study group meeting, it will be the responsibility of the chair or vice-chair (in the absence of the chair) of that committee to advise the participants that:

    1) The VSO has adopted the ANSI patent policy;

    2) Early disclosure of patents, pending patents, or intent to file for patent which may be essential for the use of specifications under development is strongly encouraged; and

    3) Disclosures made of such patents may not be exhaustive of all patents that may be essential for the use of specifications under development, and that neither the VSO, task group committees, study group committees, nor the chair of any committee ensure the accuracy or completeness of any disclosure or whether any disclosure is of a patent that in fact may be essential for the use of specifications under development.

    (b) The meeting minutes shall record a statement that:

    1) The foregoing advice was provided;

    2) An opportunity was provided for participants to respond on the existence of any patents, pending patents, or intent to file for patent that the participant believes may be essential for the use of that standard; and

    3) Include any responses that were given.

    (c) If a committee developing a standard within the VSO determines that a patent is essential to the standard and that the early patent disclosure policy was not followed, then that committee may reopen the patent issue in question with a simple majority vote, rather than the two-thirds vote customarily required.