Evolution of the ANSI Patent Policy

Patent Policy current to January 2007    

Please refer to the original text for any specific questions.  The intention here is to gain insight to the evolution of the ANSI  patent policy over time

GTW Associates gratefully recognizes the cooperation and assistance of Amy Marasco and Sue Hurst of the American National Standards Institute for access to the historical records of the Institute 

The visitor to this page may also be interested in Evolution of the IETF Patent Policy and  CONSIDERATIONS IN ASSESSING A STANDARDS DEVELOPING ORGANIZATION'S INTELLECTUAL PROPERTY RIGHTS POLICIES IN ADVANCE OF PARTICIPATION (May 2002)  and  Intellectual Property Rights Policies of selected   standards developers May 2002

Direct links to the excerpts

Section 3.1 ANSI patent policy - Inclusion of Patents in American National Standards from 2007 2006 and 2005 and 2004 and 2003 ANSI essential Requirements

 January 2002

January 2001

 April 1998

March 1997

March 1995

September 1993

September 1987

1983

1977

1974

Patent policies excerpted from policy current as of January 2007   and  archived  ANSI  procedures dated January 2006 ;  January 2005;  January 2004;  January 2003 Issued July 2003   January 2002;   January 2001; April, 1998 ;  March 1997: March, 1995; September 1993, September 1987: 1983; 1977 and 1974

Excerpts from 2007 ANSI Essential Requirements :Due Process Requirements for American National Standards January 2007 and Same Text in 2006   ANSI Essential Requirements :Due Process Requirements for American National Standards January 2006  and same text of 2005 edition ANSI Essential Requirements: Due Process Requirements for American National Standards 2005   and same text of 2004 edition ANSI Essential Requirements: Due Process Requirements for American National Standards 2004  and same text 2003  ANSI Essential Requirements: Due Process Requirements for American National Standards January 2003 Issued July 2003

3.1       ANSI patent policy - Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach. 

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in this clause shall be followed. 

3.1.1   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

a)       a license will be made available without compensation to the applicants desiring to utilize the license for the purpose of implementing the standard; or

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

3.1.2   Record of statement

A record of the patent holder’s statement shall be placed and retained in the files of the Institute.

3.1.3   Notice

When the Institute receives from a patent holder the assurance set forth in a) or b) above, the standard shall include a note as follows:

NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

3.1.4   Responsibility for identifying patents

Excerpts from ANSI Essential Requirements: Due Process Requirements for American National Standards January 2003 Issued July 2003

3.1 ANSI patent policy - Inclusion of Patents in American National Standards There is no objection in principle to drafting a proposed American National Standard in terms that include the use
of a patented item, if it is considered that technical reasons justify this approach. If the Institute receives a notice that a proposed American National Standard may require the use of a patented
invention, the procedures in this clause shall be followed.

3.1.1 Statement from patent holder
Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either: assurance in the form of a
general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National
Standard or assurance that:
a) a license will be made available without compensation to the applicants desiring to utilize the license for the purpose of implementing the standard; or
b) a license will be made available to applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination.

3.1.2 Record of statement
A record of the patent holder’s statement shall be placed and retained in the files of the Institute.

3.1.3 Notice
When the Institute receives from a patent holder the assurance set forth in a) or b) above, the standard shall include a note as follows:

NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license.
Details may be obtained from the standards developer.

3.1.4 Responsibility for identifying patents
The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents
that are brought to its attention.

  ANSI patent policy - Inclusion of Patents in American National Standards  from ANSI Procedures for the Development and Coordination of American National Standards   January 2002  

Paragraph 1.2.11   ANSI patent policy - Inclusion of Patents in American National Standards  from ANSI Procedures for the Development and Coordination of American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in 1.2.11.1 through 1.2.11.4 shall be followed.

1.2.11.1   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

1. a license will be made available without compensation to the 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.

1.2.11.2   Record of statement

A record of the patent holder’s statement shall be placed and retained in the files of the Institute.

1.2.11.3   Notice

When the Institute receives from a patent holder the assurance set forth in 1.2.11.1 a) or b), the standard shall include a note as follows:

NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

1.2.11.4   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

1.2.11   ANSI patent policy - Inclusion of Patents in American National Standards  ANSI Procedures for the Development and Coordination of American National Standards January 2001

1.2.11   ANSI patent policy - Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in 1.2.11.1 through 1.2.11.4 shall be followed.

1.2.11.1   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

1. a license will be made available without compensation to the 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.

1.2.11.2   Record of statement

A record of the patent holder’s statement shall be placed and retained in the files of the Institute.

1.2.11.3   Notice

When the Institute receives from a patent holder the assurance set forth in 1.2.11.1 a) or b), the standard shall include a note as follows:

NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

1.2.11.4   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

April 1998?

 1.2.12   ANSI patent policy - Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in 1.2.12.1 through 1.2.12.4 shall be followed.

1.2.12.1   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either: assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

1. a license will be made available without compensation to the 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.

1.2.12.2   Record of statement

A record of the patent holder's statement shall be placed and retained in the files of the Institute.

1.2.12.3   Notice

When the Institute receives from a patent holder the assurance set forth in 1.2.12.1 a) or b), the standard shall include a note as follows:

NOTE - The user's attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

1.2.12.4   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

1.2.11 ANSI Patent Policy -Inclusion of Patents in American National Standards   ANSI Procedures for the Development and Coordination of American National Standards April, 1998

Procedures for the Development and Coordination of American National Standards

1.2.11. ANSI Patent Policy - Inclusion of Patents in American National Standards
There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in 1.2.11.1 through 1.2.11.4 shall be followed.

1.2.11.1. Statement from Patent Holder
Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either: assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

1. a license will be made available without compensation to the 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.

1.2.11.2. Record of Statement
A record of the patent holder's statement shall be placed and retained in the files of the Institute.

1.2.11.3. Notice
A record of the patent holder's statement shall be placed and retained in the files of the Institute.

When the Institute receives from a patent holder the assurance set forth in (1.2.11.1 (a)) or (b)), the standard shall include a note as follows:

NOTE - The user's attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

1.2.11.4. Responsibility for Identifying Patents
The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

1. 2.11   ANSI patent policy - Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in 1.2.11.1 through 1.2.11.4 shall be followed.

1.2.11.1   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the identified party or patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

1. a license will be made available without compensation to the 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.

1.2.11.2   Record of statement

A record of the patent holder’s statement shall be placed and retained in the files of the Institute

1.2.11.3   Notice

When the Institute receives from a patent holder the assurance set forth in 1.2.11.1 a) or b), the standard shall include a note as follows:

.NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the standards developer.

1.2.11.4   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

  ANSI patent policy - Inclusion of Patents in American National Standards  ANSI Procedures for the Development and Coordination of American National Standards   March, 1995

1. 2.11   ANSI patent policy

Inclusion of Patents in American National Standards There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in 1.2.11.1 through 1.2.11.4 shall be followed.

1.2.11.1   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the  patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that the patentee does not hold and does not anticipate holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

a)   a license will be made available without compensation to applicants desiring to utilize the license for the purpose of implementing the standard; or

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

The terms and conditions of any license shall be submitted to ANSI for review by its counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of terms and conditions of the license

1.2.11.2   Record of statement

A record of the patent holder’s statement (and a statement of the basis for considering such terms and conditions free of any unfair discrimination) shall be placed and retained in the files of the Institute.

1.2.11.3   Notice

When the Institute receives from a patent holder the assurance set forth in 1.2.11.1 a) or b), the standard shall include a note as follows:

.NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the publisher

1.2.11.4   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

  ANSI patent policy - Inclusion of Patents in American National Standards  ANSI Procedures for the Development and Coordination of American National Standards  September 1993 

Annex I  

ANSI patent policy

I.1 Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in Clause I.2  through I.5  shall be followed.

I.2   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the  patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that the patentee does not hold and does not anticipate holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance that:

a)   a license will be made available without compensation to  applicants desiring to utilize the license for the purpose of implementing the standard; or

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

The terms and conditions of any license shall be submitted to ANSI for review by its counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of terms and conditions of the license

I.3   Record of statement

A record of the patent holder’s statement (and a statement of the basis for considering such terms and conditions free of any unfair discrimination) shall be placed and retained in the files of the Institute.

I.4   Notice

When the Institute receives from a patent holder the assurance set forth in I.2.(a) or I.2 (b), the standard shall include a note as follows:

.NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the publisher

1.5   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

September 1987  September 1987 original

Appendix  I  

ANSI’s patent policy

I.1   Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in Sections  I.2  through I.5  shall be followed.

I.2   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the  patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that the patentee does not hold and does not anticipate holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance 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.

The terms and conditions of any license shall be submitted to ANSI for review by its counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of terms and conditions of the license

I.3   Record of statement

A record of the patent holder’s statement (and a statement of the basis for considering such terms and conditions free of any unfair discrimination) shall be placed and retained in the files of the Institute.

I.4   Notice

When the Institute receives from a patent holder the assurance set forth in I.2.(1) or I.2 (2), the standard shall include a note as follows:

.NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the publisher

I.5   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

1983 1983 original

Appendix D   ANSI’s patent policy

D1   Inclusion of Patents in American National Standards

There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in Sections  D2  through D5  shall be followed.

D2   Statement from patent holder

Prior to approval of such a proposed American National Standard, the Institute shall receive from the  patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that the patentee does not hold and does not anticipate holding any invention the use of which would be required for compliance with the proposed American National Standard or assurance 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.

The terms and conditions of any license shall be submitted to ANSI for review by its counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of terms and conditions of the license.

D3   Record of statement

A record of the patent holder’s statement (and a statement of the basis for considering such terms and conditions free of any unfair discrimination) shall be placed and retained in the files of the Institute.

D4   Notice

When the Institute receives from a patent holder the assurance set forth in D.2.(1) or D.2 (2), the standard shall include a note as follows:

.NOTE – The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the publisher

D5   Responsibility for identifying patents

The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

1977 1977 original

7.4 Patents There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in Sections  7.4.1  through 7.4.4   shall be followed.

7.4.1  Prior to approval of such a proposed American National Standard, the Institute shall receive from the  patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that the patentee does not hold and does not anticipate holding any  United States Patent covering any invention whose use would be required for compliance with the proposed American National Standard or assurance 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.

The terms and conditions of any license shall be submitted to ANSI for review by its counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of terms and conditions of the license. On the advice of  Institute counsel the Executive Standards Council shall determine, prior to approval, whether or not the patent situation would disqualify the standard for consideration.

7.4.2  A record of the patent holder’s statement (and a statement of the basis for considering such terms and conditions free of any unfair discrimination) shall be placed and retained in the files of the Institute.

7.4.3  When the Institute receives from a patent holder the assurance set forth in 7.4.(1) or 7.4 (2), the standard shall include a note as follows:

The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the publisher

No representation or warranty is made or implied that this is the only license that may be required to avoid infringement in the use of this standard.

7.4.4  The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.  

7.4.5 Compliance with the procedures in 7.4.1 through 7.4.4 is mandatory for Institute approval of a proposed standard that may require use of a patented item.  

1974 1974 original

7.4 Patents  There is no objection in principle to drafting a proposed American National Standard in terms that include the use of a patented item, if it is considered that technical reasons justify this approach.

If the Institute receives a notice that a proposed American National Standard may require the use of a patented invention, the procedures in Sections  7.4.1  through 7.4.4   shall be followed.

7.4.1  Prior to approval of such a proposed American National Standard, the Institute shall receive from the  patent holder (in a form approved by the Institute) either:  assurance in the form of a general disclaimer to the effect that the patentee does not hold and does not anticipate holding any United States Patent covering any invention whose use would be required for compliance with the proposed American National Standard or assurance 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.

The terms and conditions of any license shall be submitted to ANSI for review by its counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of terms and conditions of the license. On the advice of  Institute counsel the Executive Standards Council shall determine, prior to approval, whether or not the patent situation would disqualify the standard for consideration.

7.4.2  A record of the patent holder’s statement (and a statement of the basis for considering such terms and conditions free of any unfair discrimination) shall be placed and retained in the files of the Institute.

7.4.3  When the Institute receives from a patent holder the assurance set forth in 7.4.(1) or 7.4 (2), the standard shall include a note as follows:

The user’s attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.

By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from the publisher

No representation or warranty is made or implied that this is the only license that may be required to avoid infringement in the use of this standard.

7.4.4 The Institute shall not be responsible for identifying all patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.

 7.4.5  Compliance with the procedures in 7.4.1 through 7.4.4 is mandatory for Institute approval of a proposed standard that may require use of a patented item.