In October 2011  the National Science and Technology Council Technology Committee  Subcommittee on Standardization  issued its report  Federal Engagement in Standards Activities  to Address National Priorities Background and Proposed Policy  Recommendations

See also GTW comments  Federal Engagement in Standards Activities  to Address National Priorities Background and Proposed Policy  Recommendations

With respect to intellectual property the report  and recommendations state:

Access and Availability: the text of standards and associated documents should be available to all interested parties on a reasonable basis, which may include monetary compensation where appropriate.

Clear Intellectual Property Rights (IPR) Policies: standards organization IPR policies should take into account the interests of both IPR holders and those seeking to use or implement the IP included in the standard or standards. These policies should be easily accessible and the rules governing the disclosure and licensing of IPR should be clear and unambiguous.

The  Subcommittee  recommends:

  1.      The U.S. Government (USG) should recognize that in most government-private-sector standards engagements, the primary role of the government will continue to be that of active contributor to the private-sector-led process.

2.      The USG should identify the context(s) where Federal government leadership/coordination may be appropriate.

a.      “Federal government engagement in a leadership or coordination role in private-sector standardization should be considered carefully. Such engagement should be undertaken pursuant to existing legal and policy obligations, and be open, transparent and provide for broad participation.”

3.      As the USG considers more active engagement in a standardization process, irrespective of the level of Federal government engagement, the USG should partner with the private sector and be guided by several fundamental objectives.

a.      These objectives are:

i.     “Ensuring timely availability of effective standards and efficient conformity assessment schemes critical to addressing national priorities established in statute or Administration policy.

ii.     Achieving cost-efficient, timely, and effective solutions to regulatory, procurement, and policy objectives.

iii.     Promoting standards and standardization systems that enable innovation and foster competition.

                                                 iv.     Enhancing U.S. competitiveness while ensuring national treatment.

                                                   v.     Facilitating international trade and avoiding the creation of unnecessary obstacles to trade.”

b.      “The Federal government should detour from its typical modes of engagement in standards development with the private sector and take on a leadership or coordination role only when it is essential to do so to assure that key public policy goals are met in a timely and effective manner.”

4.      The USG should ensure effective coordination and participation by agencies.

a.      “Significant public and societal benefits can accrue from government support in the development of consensus standards and their subsequent use by the government.”

5.      The USG should clarify agency responsibilities with respect to the full range of standards setting alternatives.

a.      “Agencies should take into account the impact of their standards choices on innovation and the global competitiveness of U.S. enterprises, including the impact of intellectual property incorporated in standards, and should explicitly include consideration of conformity assessment approaches that enable the least burdensome compliance with standards specified by agencies.”

6.      The USG should lay out key principles underpinning voluntary standardization processes.

a.      On top of the foundational attributes of standardization activities are called out in OMB Circular A-119, which focus on voluntary, consensus standards activities, the following characteristics should be promoted both within and outside the formal voluntary, consensus standardization process, particularly in emerging technology areas.

b.      These attributes are:

i.     “Transparency: essential information regarding standardization activities is accessible to all interested parties.

ii.     Open Participation: all interested or affected parties have an opportunity to participate in the development of a standard, with no undue financial barriers to participation.

iii.     Flexibility: different product and services sectors rely on different methodologies for standards development that meets their needs.

iv.     Effectiveness and Relevance: standards are developed in response to regulatory, procurement and policy needs, and take account of market needs and practices as well as scientific and technological developments.

v.     Coherence: the process avoids overlapping and conflicting standards.

vi.     International Acceptance: as product and service solutions cross borders, the public and private sectors are best served by standards that are international in scope and applicability.

vii.     Net Benefit: standards used to meet regulatory and procurement needs should maximize net benefits of the use of such standards.

viii.     Access and Availability: the text of standards and associated documents should be available to all interested parties on a reasonable basis, which may include monetary compensation where appropriate.

ix.     Clear Intellectual Property Rights (IPR) Policies: standards organization IPR policies should take into account the interests of both IPR holders and those seeking to use or implement the IP included in the standard or standards. These policies should be easily accessible and the rules governing the disclosure and licensing of IPR should be clear and unambiguous.

                                                   x.     Timeliness: standards should be available in a timely manner.”