Patent Disclaimer
IHE Technical Frameworks and Supplements need to include language alerting potential implementers of IHE profiles of the possibility that patent holders (or applicants) may assert "necessary claims" with respect to those IHE documents, meaning that implementers of specifications included in the documents might necessarily infringe upon their patents (or patent applications). The following two paragraphs are intended to be included, alternatively based on the conditions outlined below, in the introductory matter of all IHE Technical Frameworks and Supplements.
Version 1
In cases where IHE has not received Letters of Assurance relevant to the document in question prior to the time of publication, the following notice shall appear:
- Attention is called to the possibility that implementation of the specifications in this document may require use of subject matter covered by patent rights. By publication of this document, no position is taken with respect to the existence or validity of any patent rights in connection therewith. IHE International is not responsible for identifying Necessary Patent Claims for which a license may be required, for conducting inquiries into the legal validity or scope of Patents Claims or determining whether any licensing terms or conditions provided in connection with submission of a Letter of Assurance, if any, or in any licensing agreements are reasonable or non-discriminatory. Users of the specifications in this document are expressly advised that determination of the validity of any patent rights, and the risk of infringement of such rights, is entirely their own responsibility. Further information about the IHE International patent disclosure process including links to forms for making disclosures is available at http://www.ihe.net/governance/patent_disclosure.cfm. Please address questions about the patent disclosure process to the secretary of the IHE International Board: secretary@ihe.net.
Version 2
In cases where IHE has received disclosure of a known patent and assurance from a claimed patent holder or patent applicant prior to the time of publication that a license will be made available to all applicants either without compensation or under reasonable rates, with reasonable and non-discriminatory terms and conditions, the following notice shall appear:
- Attention is called to the possibility that implementation of the specifications in this document may require use of subject matter covered by patent rights. By publication of this document, no position is taken with respect to the existence or validity of any patent rights in connection therewith. A patent holder or patent applicant has filed a statement of assurance that it will grant licenses under these rights without compensation or under reasonable rates, with reasonable terms and conditions that are demonstrably free of any unfair discrimination to applicants desiring to obtain such licenses. Other Necessary Patent Claims may exist for which a statement of assurance has not been received. IHE International is not responsible for identifying Necessary Patent Claims for which a license may be required, for conducting inquiries into the legal validity or scope of Patents Claims, or determining whether any licensing terms or conditions provided in connection with submission of a Letter of Assurance, if any, or in any licensing agreements are reasonable or non-discriminatory. Users of the specifications in this document are expressly advised that determination of the validity of any patent rights, and the risk of infringement of such rights, is entirely their own responsibility. Further information about the IHE International patent disclosure process including links to forms for making disclosures is available at http://www.ihe.net/governance/patent_disclosure.cfm. Please address questions about the patent disclosure process to the secretary of the IHE International Board: secretary@ihe.net.