BICSI Standards Intellectual Property Reminder

Guidance for the Development of BICSI Standards That May Involve Patentable Technology

When possible, BICSI standards should avoid the necessity of using patented technology or copyrighted information in order to comply with the standard. To better anticipate and avoid unknowing incorporation of patented technology or copyrighted information into a BICSI standard, participants developing or reviewing BICSI standards are requested to observe the following code of behavior.

1. Report Relevant Intellectual Property

All participants in the BICSI Standards Program have the responsibility to report to their subcommittee any non-confidential patented technology or copyrighted information, including issued patents and published patent applications, of which they have knowledge and which might be required to be used in order to comply with the standard or safety guideline being developed by the group.

2. Intentionally Concealing Information is Prohibited

It should be noted that intentionally concealing any intellectual property rights, while knowing they may have an effect on the document under development, is not only unprofessional but it may also render the intellectual property rights unenforceable in the future.

3. Record Meeting Minutes

Contents of discussions relating to intellectual property rights, including patent rights and pending patent applications should be recorded in the minutes of the subcommittee having jurisdiction over the document being developed. If such discussions take place in a task group, they should be recorded in the report of the task group and appended to the minutes of the subcommittee meeting. This provides a public record of the discussions and disclosures as well as a basis for any cautionary notes to be added to the document.

4. Self-Protection

Participants in the BICSI Standards Program should guard against inclusion of technical ideas discussed in these open forums in future applications or in amendments of existing patent applications.