AES patent policy

If, in exceptional situations, technical reasons justify such a step, there is no objection in principle to preparing an AES standard or information document in terms that include the use of items covered by patent rights -- defined as patents, utility models, trademarks, copyrights, trade secrets, and other statutory rights based on inventions, including any published applications for any of the foregoing -- even if the terms of the standard are such that there are no alternative means of compliance. Such preparation shall be guided by the following rules.

1. A published AES standard or information document for which no patent rights are identified during the preparation thereof, shall contain the following notice:

"Attention is drawn to the possibility that some of the elements of this AES standard or information document may be the subject of patent rights. AES shall not be held responsible for identifying any or all such patents."

2. If technical reasons justify the preparation of an AES standard in terms that include the use of items covered by patent rights, the following procedures shall be complied with.

a) The originator of a proposal for an AES standard or information document shall draw the attention of the working group to any present or potential patent rights of which the originator is aware and considers to cover any item of the proposal. Any party involved in the preparation of a standard shall draw the attention of the working group to any such patent rights of which it becomes aware during any stage in the development of the standard or information document. [NOTE Such attention shall be drawn in writing to the working group reflector or to the AES Standards Secretariat.]

b) If the proposal is accepted on technical grounds, the AESSC shall ask any holder of such identified patent rights for a statement that the holder will be willing to negotiate worldwide licenses under his rights with applicants throughout the world on reasonable and non-discriminatory terms and conditions that shall not inhibit the use of the standard. Such negotiations are left to the parties concerned and are performed outside the AES. [NOTE The statement shall be addressed to the AES Standards Secretariat.]

A record of the right holder's statement shall be placed in the archives of the AES Standards Secretariat, and shall be referred to in the body of the relevant AES standard or information document including its call for comment. If the rights holder does not provide such a statement, the working group concerned shall not proceed with inclusion of an item covered by a patent right in the AES standard or information document without authorization from the AESSC Steering Committee.

c) All drafts submitted for comment shall include on their cover page the following text:

"Recipients of this document are invited to submit, with their comments, notification of any relevant patent rights of which they are aware and to provide supporting documentation."

d) An AES standard or information document shall not be published until the statements of the holders of all identified patent right have been received.

e) A published AES standard or information document for which patent rights have been identified during the preparation thereof, shall include the following notice in the introduction:

The Audio Engineering Society draws attention to the fact that it is claimed that compliance with this AES standard or information document may involve the use of a patent concerning (... subject matter ...) given in (... subclause ...).

The AES holds no position concerning the evidence, validity and scope of this patent right.

The holder of this patent right has assured the AES that it is willing to negotiate licenses under reasonable and non-discriminatory terms and conditions with applicants throughout the world. In this respect, the statement of the holder of this patent right is archived with the AES.

Information may be obtained from

[... name of holder of patent right ...]
[... address ...]

Attention is drawn to the possibility that some of the elements of this AES standard or information document may be the subject of patent rights other than those identified above. AES shall not be held responsible for identifying any or all such patent rights.

3. Should it be revealed after publication of an AES standard or information document that licenses under patent rights that appear to cover items included in the standard or information document cannot be obtained under reasonable and non-discriminatory terms and conditions, the AES standard or information document shall be referred back to the AESSC Steering Committee and the relevant subcommittee for further consideration.

Back to top
 
Facebook   Twitter   LinkedIn   Google+   YouTube   RSS News Feeds  
AES - Audio Engineering Society