Early Patent Disclosure Notice
In connection with the development of an American National Standard, or other deliverable that requires use of patented inventions, the use of patented inventions shall be governed by the ANSI Patent Policy as adopted by ATIS and as set forth in the “Operating Procedures for ATIS Forums and Committees.” For a full copy of the policy, please see Section 10, “Intellectual Property Rights Policy.”
ATIS strongly encourages the early disclosure of a patent that might be referenced in an ATIS standard or other deliverable. The party making the disclosure should identify:
- The patented invention; and
- An explanation regarding the relevancy of the patented invention to the work under development.
If use of a patented invention is required for compliance with the standard, ATIS would need to receive from the identified party or patent holder either 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.
ATIS has developed a patent disclosure and assurance form, which may be used by a holder of a patented invention that may be required for adopting, complying with or otherwise utilizing an ATIS-developed American National Standard or other ATIS deliverable.
Please note that this form allows only a defined number of keystrokes to be entered into each of the boxes provided; if additional text must be entered, the party completing the form should enter a notation in the box such as “See attached sheet” and attach the complete information on separate attached sheet(s).
Use of this form is not required; patent assurances may be made by other means. All patent holder statements must be made in writing, signed by an authorized representative and sent to Thomas Goode, ATIS General Counsel at: 1200 G. Street, NW, Suite 500, Washington, DC 20005.
Please note ATIS Operating Procedures prohibit the discussion of specific licensing terms within ATIS forums and committees. In addition, ATIS is not responsible for interpreting or making any determination concerning the validity, enforceability or scope of any patented invention referenced in or that may be relevant to any standard, guideline or other ATIS deliverable.
Participants are reminded that participation in industry fora involves the potential for antitrust concerns or risks. To avoid such concerns and risks, participants should carefully observe the “Operating Procedures for ATIS Forums and Committees.” In addition, sensitive discussion topics such as price, territories, specific contractual terms, etc., should be avoided. Any participant having concerns or questions regarding sensitive discussion topics should consult with their company’s legal counsel, the Committee leadership, or ATIS legal counsel.