JEDEC Manual of Organization and Procedure. JM21-K
7.3 Reference to patented products in JEDEC standards and pubications.
JEDEC standards and nonproduct registrations (e.g., package outline drawings), that require the use of patented items should be considered with great care. While there is no restriction against drafting a proposed standard in terms that include the use of patented item if technical reasons justify the inclusion, committees should avoid standardization that refers to a product on which there is a known patent unless all the relative technical information covered in the patent is known to the formulating committee, subcommittee, or task group.
If the committee member indicates that the standard requires the use of patented items, then the committee chairperson must receive a written assurance from the organization holding rights to such patents that a license will be made available to applicants desiring to implement the standard either without compensation or under reasonable terms and conditions that are demonstrably free of any unfair discrimination. Additionally, when a known patent item is referred to in a JEDEC standard, a cautionary note, as outlined in this document, shall appear in the JEDEC standard. (See 7.3.1)
All correspondence between the patent holder and the formulating committee, including a copy of the written assurance from the patent holder discussed above, shall be transmitted to the JEDEC office and the EIA Legal Counsel at the earliest possible time and, in any case, before the standard is otherwise ready for committee ballot circulation. (Also see EIA/JEDEC Style Manual EB-7-B, 4.1.6 for the required language in a JEDEC standard that cites aproduct with known patent.)
7.3.1
Committee responsibility concerning intellectual property.
The chairperson of any JEDEC committee must call to the attention of all those present the requirements contained in EIA Legal Guides and the obligation of all those present to inform the meeting of any knowledge they may have of any patents, or pending patents, that might be involved in the work they are undertaking. Annex F provides information for view-graph presentation at the beginning of the meeting to satisfy the requirement. Additionally, all participants must be asked to read the statement on the back of each EIA/JEDEC sign-in/attendance roster, see Annex G for patent policy application guidelines........
7.3.2 Policy statement on EIA/JEDEC sign-in/attendance rosters
The policy statements reproduced on the reverse side of the EIA/JEDEC sign- in/attendance rosters shall become an integral part of the minutes of all committee, subcommittee and task force group meetings; and a statement shall be included in the minutes indicating compliance with the foregoing policy.
Annex F EIA/JEDEC Patent Policy Summary
Standards that call for the use of a patented item or in process may not be considered by a JEDEC committee unless all of the relevant technical information covered by the the patent or pending patent is known. In addition, the chairperson must have received written notice from the patent holder or applicant that one of the following conditions prevails:
- A license will be made available without compensation to all applicants desiring to utilize the patent for purpose of implementing the standard(s),
or
- A license shall be made available to all applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination.
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