Difference between revisions of "Patent Disclosure Process"

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This page describes a proposed process for domain committees and their secretaries to follow to ensure adherence to IHE's patent disclosure policy.
 
This page describes a proposed process for domain committees and their secretaries to follow to ensure adherence to IHE's patent disclosure policy.
  
1) IHE's [http://www.ihe.net/governance/upload/IHE_Governance_Interim_Document_2007_10_05.pdf Principles of Governance] include an intellectual property policy that defines a duty to disclose know patents, which are "Necessary Claims." That means that in developing systems compliant with some IHE Technical Framework document, an implementer will necessarily infringe upon a patent claim.  
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1) IHE's [http://www.ihe.net/governance/upload/IHE_Governance_Interim_Document_2007_10_05.pdf Principles of Governance] include an intellectual property policy that defines a duty to disclose know patents, which are "Necessary Claims." That means that in developing systems compliant with some IHE Technical Framework document (including Supplements), an implementer will necessarily infringe upon a patent claim.  
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2) 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 IP 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 designated representatives of IHE Member Organizations. The list of organizations is published at [http://www.ihe.net/governance/member_organizations.cfm http://www.ihe.net/governance/member_organizations.cfm]. Membership applications and the Principles of Governance document are linked at [http://www.ihe.net/governance/index.cfm http://www.ihe.net/governance/index.cfm].
 
2) 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 IP 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 designated representatives of IHE Member Organizations. The list of organizations is published at [http://www.ihe.net/governance/member_organizations.cfm http://www.ihe.net/governance/member_organizations.cfm]. Membership applications and the Principles of Governance document are linked at [http://www.ihe.net/governance/index.cfm http://www.ihe.net/governance/index.cfm].
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3) The domain committee secretary is responsible for reminding committee members of the patent disclosure policy in writing (via email) and verbally at face-to-face meetings at key milestones throughout the development process of Technical Framework documents, including:
 
3) The domain committee secretary is responsible for reminding committee members of the patent disclosure policy in writing (via email) and verbally at face-to-face meetings at key milestones throughout the development process of Technical Framework documents, including:
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::* When Supplements are being advanced to Final Text for incorporation into Technical Framework volumes
 
::* When Supplements are being advanced to Final Text for incorporation into Technical Framework volumes
  
The duty to disclose applies both to profiles under development and to those already published.
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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 patents on already published profiles whenever they become aware of them.
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4) In cases where an IHE Member Organization asserts a patent claim as being necessarily infringed by implementers of systems compliant with an IHE Technical Framework document, its committee representatives will be responsible for formally disclosing any such patent. If allegations regarding assertion of claims pertaining to previously undisclosed patents by an IHE Member Organization reach the Secretary of an IHE Domain or the Secretary of the IHE International Board, the Secretary will request that the Member Organization in question make a formal patent disclosure. Refusal to formally disclose a patent, while simultaneously asserting claims of necessary infringement by implementers of systems compliant with IHE Technical Framework documents may be grounds for expulsion of an IHE Member Organization.
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5) The Principles of Governance stipulates that disclosed patents must be made licenseable by other IHE Member Organizations under reasonable and non-discriminatory terms.
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6) A (draft) form for patent disclosure is published as a publicly accessible document at http://spreadsheets.google.com/ccc?key=pVUiOBnER-C5XUHnD1mI4Qg.
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[[Process]]

Revision as of 12:57, 6 March 2009

This page describes a proposed process for domain committees and their secretaries to follow to ensure adherence to IHE's patent disclosure policy.


1) IHE's Principles of Governance include an intellectual property policy that defines a duty to disclose know patents, which are "Necessary Claims." That means that in developing systems compliant with some IHE Technical Framework document (including Supplements), an implementer will necessarily infringe upon a patent claim.


2) 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 IP 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 designated representatives of IHE Member Organizations. The list of organizations is published at http://www.ihe.net/governance/member_organizations.cfm. Membership applications and the Principles of Governance document are linked at http://www.ihe.net/governance/index.cfm.


3) The domain committee secretary is responsible for reminding committee members of the patent disclosure policy in writing (via email) and verbally at face-to-face meetings at key milestones throughout the development process of Technical Framework documents, including:

  • When a call is issued for new Profile Proposals
  • When draft Profile Proposals are being selected for Supplement Development
  • When Supplements are being prepared for publication for Public Comment
  • When Supplements are being prepared for publication for Trial Implementation
  • When Supplements are being advanced to Final Text for incorporation into Technical Framework volumes

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 patents on already published profiles whenever they become aware of them.


4) In cases where an IHE Member Organization asserts a patent claim as being necessarily infringed by implementers of systems compliant with an IHE Technical Framework document, its committee representatives will be responsible for formally disclosing any such patent. If allegations regarding assertion of claims pertaining to previously undisclosed patents by an IHE Member Organization reach the Secretary of an IHE Domain or the Secretary of the IHE International Board, the Secretary will request that the Member Organization in question make a formal patent disclosure. Refusal to formally disclose a patent, while simultaneously asserting claims of necessary infringement by implementers of systems compliant with IHE Technical Framework documents may be grounds for expulsion of an IHE Member Organization.


5) The Principles of Governance stipulates that disclosed patents must be made licenseable by other IHE Member Organizations under reasonable and non-discriminatory terms.

6) A (draft) form for patent disclosure is published as a publicly accessible document at http://spreadsheets.google.com/ccc?key=pVUiOBnER-C5XUHnD1mI4Qg.


Process