Posted by Social Science Research Network
Understanding the ANSI Patent Policy and Why It Matters
By Richard Taffet & William Cravens (Morgan, Lewis & Bockius LLP)
The Patent Policy of the American National Standards Institute (“ANSI”) historically has provided a broad framework that allows ANSI-accredited Standards Development Organizations (“SDOs”) to tailor and interpret their own patent policies to meet the specific needs of their members and the industries they serve.
Market evidence shows that this flexible approach has worked well, facilitating the development and commercial success of thousands of American National Standards by ANSI-accredited SDOs in a wide variety of industries. Recently, however, ANSI has struggled with an issue concerning the specific wording of license commitments submitted to and accepted by ANSI-accredited SDOs, and specifically whether the use of “customized” language in a license commitment (including language that limits a license commitment to “wholly compliant” implementations of a standard), is consistent with the ANSI Patent Policy.
Although ANSI has accepted license commitments using such language for more than two decades, it has recently suggested that it may restrict that flexible approach going forward. It would be unfortunate if ANSI were to ignore the potential adverse consequences for SDOs and patent owners that might arise if ANSI reverses its decades-long practice and no longer permits SDOs and patent holders the freedom to take a flexible approach to licensing commitments, particularly when there is no evidence of any benefits that would arise for the overall standards development process from a more restrictive approach that deviates from ANSI’s established practices.
Featured News
Geradin Partners Expands Paris Office with Key Hire
Aug 30, 2024 by
CPI
Judge Accuses Google of ‘Clear Abuse’ in Antitrust Case Over Deleted Employee Chats
Aug 29, 2024 by
CPI
Hong Kong Cleaning Company Employee Charged in Historic Antitrust Investigation Case
Aug 29, 2024 by
CPI
Inside the Yelp Suit: Allegations of Google’s Abuse of Search Power
Aug 29, 2024 by
CPI
AI Safety Bill Clears Hurdle in California, Heads to Governor’s Desk
Aug 29, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – State Attorneys General
Aug 22, 2024 by
CPI
CPI Talks… …With Attorney General Phil Weiser
Aug 22, 2024 by
CPI
The Bipartisan Miracle of State Antitrust Enforcement
Aug 22, 2024 by
Gwendolyn J. Lindsay Cooley
Recent Developments in State Antitrust Enforcement: Agriculture and Food Markets
Aug 22, 2024 by
Elizabeth R. Odette
State Attorneys General: Stewards of Consumer Health and Welfare
Aug 22, 2024 by
Brooke Howlett Lovrovich