Evolution of the ANSI Patent Policy

George T. Willingmyre, P.E.

This page traces the ANSI Patent Policy from its text as current from  January 2008  to the earliest records of 1932

Please refer to the original text for the definitive text and legal references.  The intention here is to gain insight to the evolution of the ANSI  patent policy over time.

 The visitor to this page may also be interested in Evolution of the IETF Patent Policy and Considerations in Assessing a Standards Developing Organizations Intellectual Property Rights Policiies in Advance of Participation    and  Intellectual Property Rights Policies of selected standards 2009

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

1970

1959

1932

Patent policies excerpted from policy current as of January 2007   and  archived  ANSI  procedures dated January 2006January 2005;  January 2004January 2003 Issued July 2003   January 2002;   January 2001; April, 1998March 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

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.

 

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  ANSI Procedures for the Development and Coordination of American National Standards March 1997

 

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.  

(This text Copyright by the American National Standards Institute (ANSI),This material may be copied without permission from ANSI only if and to the extent that the text is not altered in any fashion and ANSI’s copyright is clearly noted)


         1974  ANSI Patent procedure 7.4

 

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.

(This text Copyright by the American National Standards Institute (ANSI),This material may be copied without permission from ANSI only if and to the extent that the text is not altered in any fashion and ANSI’s copyright is clearly noted)

 

 

  Technical Operations Manual 1973  Patent policy
 

 

 

(This text Copyright by the American National Standards Institute (ANSI),This material may be copied without permission from ANSI only if and to the extent that the text is not altered in any fashion and ANSI’s copyright is clearly noted)

 

        Patent Procedures  August 1970  Paragraph 86
 86. If it is considered by a Technical Standards Board that technical reasons justify drawing up an American National Standard in terms which include the use of a patented item there is no objective in principle to such a step.

If the Institute receives notice that a proposed American National Standard may require the use of a patented invention, the following procedure shall be followed:

1. Prior to approval of such proposed American National Standard, the Institute shall receive from the patent holder (in a form approved by the Institute) assurance either 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 the use of which would be required for compliance with the proposed American National Standard; or 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.

In either event, the terms and conditions of the license shall be submitted for review by Institute counsel, together with a statement of the number of independent licensees, if any, which have accepted or indicated their acceptance of the terms and conditions of the license.

2. A record of the patent holder's statement (and 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.

3. When the Institute receives f rom a patent holder assurance as set forth in 1(a) or 1(b) above with respect to a proposed American National Standard, such 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 in 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 non-discriminatory 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 this is the only license that may be required to avoid infringement in the use of this standard."

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

5. No proposed American National Standard    with respect to which the Institute has received notice that such standard may require the use of a patented invention, shall be approved by the Institute excepted upon compliance with these procedures

(This text Copyright by the American National Standards Institute (ANSI),This material may be copied without permission from ANSI only if and to the extent that the text is not altered in any fashion and ANSI’s copyright is clearly noted)

 

     1959   11.6 Procedures of American Standards Association
11.6 Patents Standards should not include items whose production is covered by patents unless the patent holder agrees to and does make available to any interested and qualified party a license on reasonable terms or unless other unpatented competing items are included within the standards and the patented item would suffer if left out.

(This text Copyright by the American National Standards Institute (ANSI),This material may be copied without permission from ANSI only if and to the extent that the text is not altered in any fashion and ANSI’s copyright is clearly noted)

 

  1932 Relation of Patented Designs or Methods to Standards
Minutes of Meeting of Standards Council November 30, 1930 Relation of Patented Designs or Methods to Standards   It was reported that the Committee on Procedure, in the meeting of August 17, 1932, had recommended: That as a general proposition patented designs or methods should not be incorporated in standards. However each case should  be considered on its merits, and if a patentee be willing to grant such rights as will avoid monopolistic tendencies, favorable consideration to the inclusion of such patented designs in a standards might be given." Upon motion, it was unanimously RESOLVED that the recommendation of the Committee on Procedure be incorporated in the revision of PR 27

(This text Copyright by the American National Standards Institute (ANSI),This material may be copied without permission from ANSI only if and to the extent that the text is not altered in any fashion and ANSI’s copyright is clearly noted)


 

 

 

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