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
T-Mobile Faces Class-Action Lawsuit Over Sprint Merger After Appeal Denied
May 16, 2024 by
CPI
Google Faces Backlash Over Introduction of AI-Generated Summaries in Searches
May 16, 2024 by
CPI
CMA Launches Phase 2 Probe into AlphaTheta’s Acquisition of Serato
May 16, 2024 by
CPI
NFL Executive Escapes Testifying in High-Stakes Trial Over Televised Games
May 16, 2024 by
CPI
EU Consumers Lodge Complaint Against Chinese Retailer Temu Over Content Rules Breach
May 16, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Ecosystems
May 9, 2024 by
CPI
Mapping Antitrust onto Digital Ecosystems
May 9, 2024 by
CPI
Ecosystems and Competition Law: A Law and Political Economy Approach
May 9, 2024 by
CPI
Ecosystem Theories of Harm: What is Beyond the Buzzword?
May 9, 2024 by
CPI
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
May 9, 2024 by
CPI