DOCUMENT #: GSC14-IPR-009
FOR:
SOURCE:
Presentation
ATIS
AGENDA ITEM: IPR; 4
CONTACT(S): Thomas Goode ( tgoode@atis.org
)
Geneva, 13-16 July 2009 Fostering worldwide interoperability

The ATIS IPR Policy Review Task Force was established in November 2006 at the direction of the ATIS Board of Directors.
It is comprised of IPR policy subject matter experts from ATIS Board companies.
The Task Force’s mission is to determine whether
ATIS’ IPR policy should be amended to make the standards development process more effective.
No specific problems have been identified.
The Task Force is taking a proactive approach to examine possible improvements.
The Task Force has met on a monthly/bi-monthly basis (9 meetings since GSC-13).
Geneva, 13-16 July 2009 Fostering worldwide interoperability
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ATIS follows the ANSI Patent Policy
Section 10.4 of the ATIS Operating Procedures details ATIS’ patent disclosure and assurance policy, which:
Encourages the disclosure of relevant patented inventions at the “earliest possible time” in the development of ATIS deliverables; and
Establishes that, if ATIS receives notice that a deliverable may require use of a patented invention, an assurance must be received that licenses will be made available on reasonable and nondiscriminatory terms.
Geneva, 13-16 July 2009 Fostering worldwide interoperability
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The Task Force ’ s current work has focused on the issue of irrevocability of licensing assurances:
A “straw” ballot was recently sent to Task Force members to gauge their views on 5 alternatives related to irrevocability.
4 of these alternatives suggest revisions to the ATIS
Operating Procedures; the other alternative recommends that no change related to irrevocability is necessary.
The results of the straw ballot will be reported to the
ATIS Board.
Geneva, 13-16 July 2009 Fostering worldwide interoperability
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The Task Force has identified other issues for consideration, including whether ATIS’ Patent
Policy should specifically address: the imposition of assurance obligations on transferees; the potential creation of alternative ATIS IPR policies for specific committees; mandatory worldwide licensing; and mandatory exhaustive licensing.
These issues have not yet been discussed, and whether consensus will exist regarding any of them is yet to be determined.
Geneva, 13-16 July 2009 Fostering worldwide interoperability
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ATIS Member Companies Participating in the
ATIS IPR Policy Review Task Force
ADTRAN, Inc.
Alcatel-Lucent
AT&T
Cisco
Corning
Ericsson
Global Crossing
Hewlett Packard
Motorola
Net Traffic
Nortel
QUALCOMM
Qwest
Research In Motion
Tekelec
T-Mobile
Verizon
Geneva, 13-16 July 2009 Fostering worldwide interoperability
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If ATIS or ANSI 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.
10.4.2.1 Statement from patent holder
Prior to approval of such a proposed American National
Standard, ATIS or ANSI shall receive from the identified party or patent holder (in a form approved by ATIS or ANSI) either: assurance in the form of a general disclaimer to the effect that such party does not hold or 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 license will be made available without compensation to the applicants desiring to utilize the license for the purpose of implementing the standard; or
A license will be made available to applicants under reasonable terms and conditions that are demonstrably free of any unfair discrimination.
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