Call for Comments of Disposal Guide for Patents Related to Social Organization Standards—Part 1: General Principles

09/04/2019

The Call for Comments of Disposal Guide for Patents Related to Social Organization Standards—Part 1: General Principles has already been finished and is requesting public comments. China Association for Standardization (CAS) and Patent Protection Association of China (PPAC) are responsible for the organization, and the Committee of Intellectual Property Rights in Social Organization Standardization Development Alliance takes the lead in drafting this disposal guide.

Disposal Guide for Patents Related to Social Organization Standard (T/CAS 2) is proposed to consist of three parts: General Principle, Patent Disclosure and Patent Application.

Disposal Guide for Patents Related to Social Organization Standard—Part 1: General Principles, the first part of T/CAS 2, is developed in accordance with Guideline for Structure and Drafting of Social Organization Standards (T/CAS 1.1-2017). The purpose for the ongoing Special Procedures for the Development of Standards—Part 1: Standard Related to Patents (GB/T 20003.1) and the Interim Provisions on the Administration of National Standards Involving Patent is to ensure the openness and transparency of the development and amendment of national standards involving patents, with the main focus on the disclosure and licensing of the patents in the process of deveoping national standards. These two documents are more suitable for work related to patents in national standards, but cannot meet the requirements for the development and amendment of association standards. As a result, Disposal Guide for Patents Related to Social Organization Standards is developed to guide the work of association standards involving patents.

The General Principles introduce the terms, definitions, principles, objectives and basic requirements of association standards related to patents, which apply to social associations, patentees, standard implementers and other stakeholders on association standards involving patents. The relevant quotation stanadards for Disposal Guide for Patents Related to Social Organization Standard—Part 1: General Principles include Guidelines for StandardizationPart 1: Standardization and Related ActivitiesGeneral Vocabulary (GB/T 20000.1), Special Procedures for the Development of StandardsPart1: Standards Related to Patents (GB/T 20003.1), Social Organization StandardizationPart 1: Guidelines for Good Practice (GB/T 20004.1). Some of the terms and definitions mentioned in GB/T 20000.1 and GB/T 20004.1 are stilled used in Disposal Guide for Patents Related to Social Organization Standard—Part 1: General Principles, but some have been rewritten.

The terms about association standards involving patents in the General Principles include: 公平 fair,合理 reasonable,无歧视 non-discriminatory,必要权利要求 essential claim,必要专利 essential patents,利益相关方 stakeholder,团体标准涉及专利 patents related to social organization standard,专利披露 patent disclosure,专利运用 patents application,处置 disposal,团体标准涉及专利处置规则 disposal rules for patents related to social organzation standard.

The principles for association standards involving patents are: open and transparent, fair and reasonable without discrimination, honest and trustworthy, balanced interests and win-win situations through consultation and collaboration.

Disposal Guide for Patents Related to Social Organization Standard—Part 1: General Principles was developed to encourage scientific and technological innovation, promote trade and protect intellectual property rights. It also proposes that the basic content of the association standards includes but is not limited to requirements of the working mechanism, rule making, pubilicity, training, evaluation and improvement. Social associations should set up a working mechanism for association standards involving patents to deal with related work according to the process. At the same time, social associations should also develop related rules to clarify the specific process and requirements at each stage of the development and application of association standards involving patents, which are available for enterprises and the public, so the social members, member enterprises and the public can handle related work accurately and timely. Social associations are also responsible for carrying out the publicity and education activities for association standards involving patents and guiding member enterprises to establish an effective performance evaluation system for the standards on the basis of GB/T 20004.1. Intellectual property administration institutions and the staff of the social associations should regularly inspect and evaluate the work on association standards involving patents, promote social associations to support the inclusion of patents in association standards, and urge enterprises to respect intellectual property rights to avoid patent disputes.