The Research of Disclosure Obligation and License Term within the Patent Policy of Standard Setting Organization

• Main Authors: Nai- Teng Deng, 鄧迺騰
• Other Authors: chung-ren Cheng
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/2pycsw

碩士 === 世新大學 === 法律學研究所(含碩專班) === 96 === On account of the wide-established Standard Setting Organization among IT, PC-related and Telecomm Industry, people seek the compatibility/ interchangeability in all sorts of interface among all products to the best extent. By means of setting fore-mentioned kind standard，inevitably some patent will be incorporated into such standard technology and product then make the ultimate “Plug & Play “purpose satisfied. Therefore, SSO sometimes declare it will adopt those technology as future standard only under RF(royalty free) or at least patentee will license it’s patent at “reasonable and non-discrimination”(RAND) term. Nevertheless such patent policy definition is ambiguous and vague which courts and Federal Trade Commission refuse to enforce it and create an opportunist to take advantage of such policy with bad faith by suggesting SSO adopting its secretly hidden patent incorporated technology as future market standard, and once the standard would be so accepted then they announce to public it will by-all-means enforce its patent right. This article mainly focus on the defense which can considerate by those who executed such technology under the reliance on SSO’s declaration of RF/RAND policy yet accused allegedly infringe those submarine patent hidden in standard. And also hopefully provides some strategy choices of the subsequent patent infringement litigation and end up with a suggestion which patent lawyer can properly examine SSO’s patent policy and appropriately evaluation and submit their legal opinion.