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Record of revisions

Record of revisions to the Patent Policy, the Forms and the Guidelines

1 January 1999
Patent statement and Licensing Declaration form, and General Patent Statement and Licensing Declaration form were officially introduced.
7 July 1999
First edition of ‘Guidelines for the implementation for the TSB patent policy’ was published.
2 February 2000
    1. Made the definition of term ‘reciprocity’ as a new sub-section 2.6
    2. Added a new section ‘7 Patents held by ITU-T non-member organizations’.
6 June 2000
    1. Additional text to the Guidelines: under subclause 3.1 regarding the Patent Statement and Licensing Declaration form for use with ITU-T | ISO/IEC common text.
    2. Additional text to the Guidelines: under subclause 5.3 to request the patent holders who submitted their declaration statement in the past, to inform TSB of any change to the statement, especially with regard to the contact point.
10 August 2001
    1. Additional text to the Guidelines: after the 2nd paragraph under subclause 4.1, regarding the ITU T Patent Policy in the absence of a patent declaration from a patent-holding company at the time of approval (consent for AAP) of a draft Recommendation.
15 June 2002
Revisions to the Guidelines:

10 July 2004

Patent Statement and Licensing Declaration form:
  • Subsidiary option added under Option 1:

    “Also mark here ____ if the Patent Holder reserves the right to license on reasonable terms and conditions (but not for free) to applicants who are only willing to license their patent claims, whose use would be required to implement the above ITU-T Recommendation, on reasonable terms and conditions (but not for free).”
  • Definition of ‘Free’ and ‘Reciprocity’ added in the statement form:

    Free: The word “free” does not mean that the Patent Holder is waiving all of its rights with respect to the essential patent. Rather, “free” refers to the issue of monetary compensation; i.e., that the Patent Holder will not seek any monetary compensation as part of the licensing arrangement (whether such compensation is called a royalty, a one-time licensing fee, etc.). However, while the Patent Holder in this situation is committing to not charging any monetary amount, the Patent Holder is still entitled to require that the implementer of the ITU-T Recommendation sign a license agreement that contains other reasonable terms and conditions such as those relating to governing law, field of use, reciprocity, warranties, etc.

    Reciprocity: As used herein, the word “reciprocity” means that the Patent Holder shall only be required to license any prospective licensee if such prospective licensee will commit to license its essential patent(s) or essential patent claim(s) for implementation of the same ITU-T Recommendation for free or under reasonable terms and conditions.
12 March 2005

1. Patent Statement and Licensing Declaration form for a common or twin text ITU-T Recommendation| ISO/IEC International Standard:

  • In agreement with ISO/IEC, replaced with the new form which is in line with the form for the Patent Statement and Licensing for ITU-T Recommendation.

2. General Patent Statement and Licensing Declaration form:

  • Subsidiary option added under Option 1
  • Also mark here ____ if the Patent Holder reserves the right to license on reasonable terms and conditions (but not for free) to applicants who are only willing to license their patent claims, whose use would be required to implement the same ITU-T Recommendation(s), on reasonable terms and conditions (but not for free) “
  • The wording ‘Negotiations are left to the parties concerned and are performed outside the ITU-T’ added to the text of Option 1 and Option 2
  • Definition of ‘Free’ and ‘Reciprocity’ added in the statement form

3.  Guidelines for Implementation of ITU-T Patent Policy  

    • Wording of subclause ‘2.6 Reciprocity’ replaced by the following:
    • As used herein, the word ‘reciprocity’ means that the Patent Holder shall only be required to license any prospective licensee if such prospective licensee will commit to license its essential patent(s) or essential patent claim(s) for implementation of the same ITU-T Recommendation for free or under reasonable terms and conditions.” 
    • Guidelines for Implementation of ITU-T Patent Policy (12 March 2005)

 2 November 2005

    1. Guidelines for Implementation of ITU-T Patent Policy were revised to align with the Patent/General Patent Statement and Licensing Declaration forms including some editorial corrections.

 

19 October 2006
Posted the following three documents replacing the associated old versions:
    1. Common Patent Policy for ITU-T/ITU-R/ISO/IEC
    2. Patent Statement and Licensing Declaration for ITU-T/ITU-R Recommendation | ISO/IEC Deliverable
    3. General Patent Statement and Licensing Declaration for ITU-T/ITU-R Recommendation
The IPR Ad Hoc Group, at its meeting in Geneva on 27-28 June 2006, approved the above three documents. They were endorsed by TSAG at its meeting on 7 July 2006.
Accordingly, the Patent Statement and Declaration form for a common or twin text ITU-T Recommendation | ISO/IEC Deliverable was withdrawn and included in item 2 above.
15 March 2007
Following three documents are posted on the website:

1. Guidelines for Implementation of the Common Patent Policy for ITU-T/ITU-R/ISO/IEC (1 March 2007)

2. Patent Statement and Licensing Declaration form for ITU-T /ITU-R Recommendation | ISO/IEC Deliverable (Form: 1 March 2007)

3. General Patent Statement and Licensing Declaration form for ITU-T/ITU-R Recommendation (Form: 1 March 2007)

The IPR Ad Hoc Group, at its meeting in Geneva on 20-21 February 2007, approved the above three documents. They were endorsed by TSAG at its meeting on 1 March 2007.

Following the entrance in force of the above mentioned documents, ‘Guidelines for Implementation of ITU-T Patent Policy’ were withdrawn and the individual and General Patent statement and Licensing Declaration Forms were replaced by documents 2 and 3 above, respectively.
 
24 April 2012

 Following three documents are posted on the website:

1. Guidelines for Implementation of the Common Patent Policy for ITU-T/ITU-R/ISO/IEC (23 April 2012)

2. Patent Statement and Licensing Declaration form for ITU-T /ITU-R Recommendation | ISO/IEC Deliverable (Form: 23 April 2012)

3. General Patent Statement and Licensing Declaration form for ITU-T/ITU-R Recommendation (Form: 23 April 2012)

The IPR Ad Hoc Group, at its meeting in Geneva on 2-3 December 2010, approved the above three documents. They were endorsed by TSAG at its meeting on 11 February 2011. The posting to the web was coordinated with all the partner organizations.

Following the entrance in force of the above mentioned documents, the former versions were replaced by documents 1, 2 and 3 above.