Rad Tech Agenda 2020-09-23
IHE Patent Disclosure Process
- IHE Patent Disclosure Process
- Duty to Disclose Known Patents
IHE’s Principles of Governance include an intellectual property policy that defines a duty to disclose certain known patents or patent applications owned, controlled or that can be sublicensed by the Member Organization. This obligation applies to patents or applications that involve “Necessary Claims,” meaning that in developing a system compliant with some IHE Technical Framework document (including Supplements), an implementer would necessarily infringe upon that patent.
Committee Participants Represent IHE Member Organizations Every domain committee member serves as a representative of an IHE Member Organization. In applying for membership, these organizations have all agreed to abide by the Principles of Governance, including specifically the intellectual property policy and the patent disclosure obligation. It is the duty of the domain Secretary to maintain committee rosters for that domain and to ensure that all committee members are in fact representatives of IHE Member Organizations.
The duty to disclose applies both to Profiles under development and to those already published. In the case of new Profiles, the mandated timing for disclosure is prior to their publication for Public Comment. Committee members are responsible for promptly disclosing patent claims relating to already published Profiles whenever they become aware of such claims.
- Review final tally points for profile proposals and turn into percentages (Wim and Andrei)
- Finalize results to send the IHE Radiology Planning Committee