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AIPLA Mid Winter Meeting Special Committee on Standards and Open Source

AIPLA Mid Winter Meeting Special Committee on Standards and Open Source. Michele Herman Intellectual Ventures January 25, 2012. What is a Standard?.

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AIPLA Mid Winter Meeting Special Committee on Standards and Open Source

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  1. AIPLA Mid Winter MeetingSpecial Committee on Standards and Open Source Michele Herman Intellectual Ventures January 25, 2012

  2. What is a Standard? [a] prescribed set of rules, conditions, or requirements concerning definitions of terms; classification of components; specification of materials, performance, or operations; delineation of procedures; or measurement of quantity and quality in describing materials, products, systems, services, or practices Reference: National Institute of Standards and Technology, The Abc's of Standards-Related Activities in The United States, available at http://ts.nist.gov/Standards/Conformity/stdpmr.cfm.

  3. Types Of Standards • Government Mandated - Regulatory and Legislative (e.g., Safety, National Security, Privacy, Quality) • Voluntary Open Consensus Based Standards (e.g., Interoperability, Business forms) • NTTAA • OMB Circular A -119

  4. Global Standards Bodies Regional Standards Bodies IEC Other Consortia COPANT PASC National Standards Bodies GOST Other BSI JTC1 ETSI DGN SCC CANENA ITU CESI AFNOR R T JISC D DIN ANSI ECMA ISO CEN/CENELEC ICAITI ANSI-Accredited Global Standards Arena Source: Based on diagram from Clyde Camp http://www.crcamp.com

  5. Standards Development Process Initiate Project Develop Committee Draft Agree on Committee Draft Issue Committee Draft Ballot Resolve Ballot Comments Develop Consensus and Issue New Ballot Develop Consensus and Issue Final Ballot Final Approval by Oversight Body Publish

  6. SSO Standards Development Process Comparison

  7. Primary Components of an SSO Patent Policy SSO PATENT POLICY* Covered Patent Claims DISCLOSURE OBLIGATION LICENSING COMMITMENT • Common Frameworks • Disclosure Based with License Statement (RAND, RAND-RF, no license • Membership Based (RAND or RAND-RF) • Membership Based with Opt Out (RAND, RAND-RF) • Membership Based with Patent Disclosure (RAND)

  8. Possible IPR Trigger Points • Joining SSO • Contributing • Ballot Reviews • Draft Approved by Technical Committee • Final Version Approved by Oversight Body • Publication

  9. SSO Patent Policy ComparisonFormal SSOs

  10. SSO Patent Policy ComparisonCONSORTIA

  11. How is the Ecosystem Doing? • Criticism of the Standards Ecosystem • Market confusion: Too complicated to navigate • Inefficient: Too many SSOs with too much redundancy • High Cost: Too many policies and procedures to track • Praise for the Standards Ecosystem • Very responsive to market needs • Inclusive of all interests and stakeholders • Drives innovation • Values IP creation

  12. Global Reaction • US-based SSOs and companies create and own majority of standards-based IP • Other countries are pursuing policies to promote their own indigenous innovation and to generate domestic IP • Draft EU Horizontal Guidelines • BSI PAS to Standardize Standards • SAC/CNIS proposals for single IPR policy and implementation rules in China • India’s eGovernment standards patent policy

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