Standards Consultancy Issues Discussion Paper on a Patent Policy for a Standards Setting Organization - Comments by April 15

March 18, 2004

17 Mar 2004

DRAFT Criteria (in development) for the Evaluation of a patent policy for a Standards Setting Organization

This First public DRAFT Dated Monday  March 15, 2004 is intended only for stimulation of discussion and comments

... intended to be helpful  to compare and contrast the patent policies of standards developing organizations in a consistent and logical manner.  The  list in development  is part of a project of GTW Associates contracted for  by the Japan New Energy and Industrial Development Organization in conjunction with  the  Japan Strategic Program for the Creation, Protection and Exploitation of Intellectual Property  

GTW concluded in May, 2002 comments to the US FTC   there is diversity in the specific approach to Intellectual property rights policies of standards developers around the world.  Such diversity itself does not equate to a major problem.  The diversity of IPR approaches within standards setting bodies allows these bodies to "compete" for the business of developing standards based on (among many factors)  the power of the applicable   IPR policy to attract and hold the interest of key stakeholder participants.  There is a balance of the level of risks and costs that that will attract  participants to the standards table.

At  present, it is possible to begin to discriminate among various organizations.  However in many cases there is insufficient information to make a truly informed decision.  What is critical for such competition is that it  occur in full  daylight with  clarity  and transparency. The preparation of a list of criteria for comparison of IPR policies hopefully will represent a step towards such clarity and transparency

GTW Associates requests  comments and feedback on the list by April 15, 2004 in order to refine and improve it  before applying  the criteria to  evaluate the  patent polices of several standards developing organizations.  Comments may be sent to gtw@gtwassociates.com   or may be posted to an on line discussion web GTW welcomes additional criteria that may be helpful and editorial suggestions or revisions of the preliminary criteria to improve their wording.

The work builds on Intellectual Property Rights Polices of selected Standards developers by GTW Associates May 2002; Intellectual Property Rights as a factor in the development of Standards by GTW Associates January 1998; Considerations in assessment a standards developing organization's Intellectual Property Rights policies in advance of Participating by GTW Associates June 2002; Antitrust, Intellectual Property and Standard setting Organizations , 2002 research by Mark A Lemley. University of California at Berkeley; Intellectual Property Rights Policies (undated)    by Andrew Updegrove   and A non-exhaustive list of IPR issues faced by Standards Setting Organizations (SSO) contributed to the ITU-T 2003 Informal Forum Summit (San Francisco, 23-25 July 2003)

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