In many sectors of economic activity, companies make significant investments of financial and human resources in the development of new technologies and products.
Consequently, often the best available technology that experts would like to include in a technical standard is protected by one or more patents.
This is particularly true in certain areas where complex and interoperable technologies make standard developers consider new and future technologies, which are usually protected by patents. In order to maintain the universal accessibility of standards, while also respecting the rights of patent holders, DPS based on its internal regulations, which are in line with the European CEN/CENELEC guidelines, has developed an intellectual property rights (IPR) policy in accordance with the provisions of CEN-CENELEC Guide 8 “Standardization and Intellectual Property Rights (IPR)”.
The purpose of CEN-CENELEC Guide 8, which is consistent with the relevant ISO and IEC guides, is to provide practical guidance to participants in technical bodies on how to deal with patent-related issues.
In short, the DPS and Standardization Organizations Patent Policy encourages the early detection and identification of patents that may be relevant to standards under development. In doing so, we aim to encourage greater efficiency in standards development, avoiding potential patent-related problems.
The Patent Policy provides for the inclusion of patented technology in new standards, provided that the patent holder is willing to allow this either without financial compensation or on terms that are fair, reasonable and non-discriminatory (FRAND) to other users of the standards.
Each Technical Body should be informed of the following:
a) any patents that are considered by a committee member to be relevant to the standard being developed; and
b) any claim that a patent is applicable to a standard, when the standard has been published or is being drafted. The DPS should work with the technical body to agree on the best way to deal with this claim. The standard should state that the copyright in this patent is acknowledged at the time of publication.
Material known to be the subject of a patent should be included in a standard of national origin if:
a) it is absolutely necessary;
b) the material will not be in demand;
c) the patent holder agrees to provide the material on reasonable and affordable terms.
The DPS and the European Standardization Organizations maintain and make publicly available on their websites lists of their own patents and those at international level. Users are encouraged to consult the lists for information on declared patents.
Currently, there is no list of declared Patents at the national level. The first time we have such a declaration, it will be added to the DPS List of Patents at the national level.
How can you declare a patent:
If you own a patent/IPR, please complete the declaration form Licensing Declaration for submission to DPS on Essential Patents and other Intellectual Property Rights based on the invention
After you have completed the declaration, please send it to DPS.
List of CEN and CENELEC declarations.
To facilitate the process of creating standards and the application of products, CEN and CENELEC make available to the public a common list of information on Patents, consisting of information that has been communicated to the CEN-CENELEC Management Center (CCMC) through Declaration Forms. Please note that the Patent Information List is not certified as accurate or complete, but only reflects the information communicated to the CCMC.
The Patent Information List provides a mechanism for patent holders to inform standard users of any patents that are relevant to a particular standard. In such cases, standard users are advised to contact the patent holders in order to agree on any patent licenses that may be necessary.
Access to the List of Patent Declarations (xls format).
List of ISO and IEC declarations
At the international level please consult:
list of patent declarations received from ISO
list of patent declarations received from IEC.
Declaration of Licensing for submission to DPS on Essential Patents and other Intellectual Property Rights based on the invention
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