Special procedures for the development of standards—Part 1:Standard related to patents
other information
drafter:Wang Yiyi, Zhu Xianghua, Du Xiaoyan, Bai Dianyi, Pan Feng, Niu Zhaohui, Zhao Wenhui
Drafting unit:China National Institute of Standardization, China Communications Standards Association, Digital Audio and Video Codec Technical Standards Working Group
Focal point unit:National Technical Committee on Standardization Principles and Methods (SAC/TC 286)
Proposing unit:China National Institute of Standardization
Publishing department:General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Standardization Administration of China
competent authority:National Technical Committee on Standardization Principles and Methods (SAC/TC 286)
Some standard content:
1CS 01.120
National Standard of the People's Republic of China
GB/T 20003.1—2014
Special procedures for the development of standards-Part 1: Standard related to patents Issued on 2014-04-28
General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China Administration of Standardization of the People's Republic of China
Implementation on 2014-05-01
Normative references
3 Terms and definitions
4 Requirements for handling patents
5 Special procedures for the development and revision of national standards related to patents Handling of patents during implementation of standards
Appendix A (Normative Appendix) Table format used for handling patents during the process of standard formulation GB/T 2003.1—2014
GB/T20003.1—2014
GB/T20003 Special procedures for standard formulation (GB/T1.12009 Guidelines for standardization work, GB/T20000 Guidelines for standardization promotion work, GB/T20001 Rules for standard formulation and GB/T20092 Drafting of specific contents in standards) together constitute a basic series of national standards to support the standard formulation and revision work.
GB/T2003 Special procedures for standard formulation is to be divided into several parts. This part is Part 1 of GB/T20003. This part is drafted in accordance with the rules given in GB/T1.12009 Guidelines for standardization work Part 1: Construction and writing of standards. Please note that some contents of this document may involve patents. The issuing agency of this document does not assume the responsibility for identifying these patents. This part The National Standardization Principles and Methods Standardization Technical Committee (SAC/TC286) of the China National Institute of Standardization proposed this part. The technical drafting units are: China National Institute of Standardization, China Communications Standards Association, Mathematical Audio and Video Coding Technical Standard Working Group. The ten main drafters of this part are: Gong Yiyi, Zhu Xianghua, Du Xiaoyan, You Dianyi, Pan Feng, Niu Zhaohui, Zhao Yihui. GB/T20003.1—2014
Due to the development and update of technology, more and more patents are involved in standards. In order to standardize the rules for the formulation and revision of standards involving patents, protect the legitimate rights and interests of the public, patent owners and related rights holders, and ensure the openness and transparency of the formulation and revision of standards involving patents, this part is specially formulated.
1 Scope
Special procedures for standard formulation
Part 1: Standards involving patents
GB/T 20003.1—2014
This part of CB/T20003 specifies the handling requirements and special procedures for patent issues during the process of standard formulation and revision. Unless otherwise specified, the patents mentioned in this part include valid patents and patents. Please note: This part applies to the formulation and revision of national standards involving patents. The formulation and revision of national standards, guiding technical documents, industry standards and local standards involving patents can be used as a reference. 2 Normative referenced documents
The following documents are essential for the application of this document. For any dated referenced document, the version with the date is not applicable to this document. For any undated referenced document, the latest version (including all amendments) is applicable to this document. GB/T 1.1-2009 Guidelines for Standardization Work Part 1: Structure and Writing of Standards GB/T 20000.1 Guidelines for Standardization Work Part 1: Common Vocabulary for Standardization and Related Activities 3 Terms and Definitions
The terms and definitions defined in GB/120000.1 and the following terms and definitions apply to this document. 3.1
Essential claim
When implementing the patent, a claim in a patent that is inevitably infringed. 3.2
Essential patent
A patent that contains at least one essential claim. 3.3
Affiliate
A legal entity that directly or indirectly controls legal entity A, or is controlled by legal entity A, or is controlled by another legal entity B together with legal entity A.
Note: Control is a description of a state in which a legal entity directly or indirectly owns more than 50% of the voting rights of another legal entity, or has decision-making power if the aforementioned 50% of the voting rights are not reached. Affiliates do not include legal entities with a country as an affiliate. 3.4
Technical contribution During the process of standard formulation and revision, the proposal materials on the technical content of the standard are formally submitted in written or electronic media directly or indirectly through an agent.
4 Patent handling requirements
4.1 Disclosure of essential patent information
4.1.1 Organizations or individuals participating in the formulation and revision of standards shall disclose the essential patents owned by themselves and their affiliates to the relevant national professional standardization technical committees or responsible units as soon as possible, and shall disclose the essential patents owned by others (parties) known to them as soon as possible. The participating organizations or individuals include the project proposers, all members of the working group, members of the national professional standardization technical committees, units or individuals providing technical advice, etc. 4.1.2 Organizations or individuals not participating in the formulation and revision of national standards are encouraged to disclose the essential patents they own and know as early as possible during the formulation and revision of standards.
4.1.3 When disclosing essential patents, they shall fill in the Essential Patent Information Disclosure Form (see Table A.1 in Appendix A) and submit the Essential Patent Information Disclosure Form together with relevant supporting materials to the national professional standardization technical committees or responsible units to which they belong. The evidence for an authorized patent is a copy of the patent certificate or a copy of the patent certificate. The evidence for a patent application that has been published but not yet authorized is a copy of the patent disclosure notice or a copy of the serial number. The evidence for an unpublished patent application is the patent application number and application date. 4.2 Declaration of Necessary Patent Implementation License
4.2.1 When making a declaration of necessary patent implementation license, the patent owner or patent applicant shall fill in the Declaration Form for Necessary Patent Implementation License (see Table A.2) and/or the Declaration Form for Common Necessary Patent Implementation License (see Table A.3). 4.2.2 When filling in the necessary patent implementation license declaration form, the patent owner or patent applicant should choose one of the following methods: a) The patent owner or patent applicant agrees to license any organization or individual to implement the patent free of charge on a fair, reasonable and non-discriminatory basis when implementing the national standard; b) The patent owner or patent applicant agrees to charge any organization or individual to implement the patent on a fair, reasonable and non-discriminatory basis when implementing the national standard; c) The patent owner or patent applicant does not agree to choose the patent implementation license in the above two ways. 4.2.3 Once submitted, the necessary patent implementation license declaration made by the patent owner or patent applicant is irrevocable until the relevant content of the standard is revised, resulting in the necessary claims for which the implementation license declaration has been made no longer being necessary for the implementation of the standard; only when the later submitted implementation license declaration is more relaxed and more favorable for the implementation of the standard can it replace the previous implementation license declaration. 4.2.4 When making a declaration of a necessary patent implementation license, the patent owner or patent applicant shall ensure that they will not transfer the patent right or patent application right in order to circumvent the implementation license declaration made in 4.2.2. For patents that have submitted implementation license declarations to the national professional standardization technical committee or the relevant unit, the patent owner or patent applicant shall inform the transferee in advance of the contents of the patent implementation license declaration when transferring or transferring the patent, and ensure that the transferee is willing to be bound by the patent implementation license declaration. 4.2.5 During the process of standard formulation, revision or implementation, the patent owner or patent applicant shall promptly notify the national professional standardization technical committee or the relevant unit of any information changes of the necessary patents in the standard. Such information includes but is not limited to the transfer of patent rights or patent application rights, the rejection, withdrawal, deemed withdrawal, deemed abandonment or restoration of patent applications, invalidation, termination or restoration of patent rights, etc. 4.3 Publication of relevant information
4.3.1 The national standardization administrative department, the national professional standardization technical committee or the responsible unit shall publish the information about patents involved in standards or draft standards through the website of the national standardization administrative department, the website of the national professional standardization technical committee, national journals and other channels.
4.3.2 The relevant information published shall at least include the standards or standard cases involving patents, the disclosed patent information (see Table A.4) and the contact information of the national professional standardization technical committee or the responsible unit. 4.3.3 The list of disclosed patents shall be filled in and written by the professional standardization technical committee or the relevant unit of the whole network according to the received patent information disclosure form and the necessary patent implementation license declaration form. If there is any update on the list of disclosed patents, the national professional standardization technical committee or the relevant unit shall submit the updated list of disclosed patents to the national standardization administration department at least at the end of the drafting stage and the review stage in the process of standard formulation and revision.
4.4 Meeting requirements
During each meeting in the process of standard formulation and revision, the meeting host shall remind the participants to carefully consider whether the draft standard involves patents, the situation of patents involved in the draft standard, and ask the participants whether they are aware of the necessary patents involved in the draft standard that have not been disclosed, and record the results in the meeting minutes.||tt| |4.5 Document requirements
GB/T20003.1—2014
Information on soliciting potential essential patents should be given on the cover of the working group discussion draft, the draft for comments, and the draft for review. At any stage in the process of standard formulation and revision, the technical content of the standard involving essential patents should be identified and corresponding treatment should be carried out (see Chapter 5). Corresponding explanations should be given in the standard drafts of the relevant stage and all subsequent stages until the introduction of the formally published national standard. If it is technically identified that the technical content of the standard involves patents during the process of standard formulation and revision, corresponding explanations should be given in the foreword of the standard submission and the formally published national standard. The patent-related contents on the cover, introduction and foreword should be consistent with those given in Appendix C11 of GB/T1.1-20G9
4.6 Formulate and revise national standards based on international standards or foreign standards 4.6.1 When formulating and revising national standards using the standardization documents of the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), the implementation license instructions of the patents involved in the international standardization documents shall still apply to national standards. During the process of standard formulation and revision, the national professional standardization technical committee or the responsible unit only needs to fill in the list of disclosed patents, and publish and submit it in accordance with relevant regulations. 4.6.2 When the degree of consistency between the adopted international standards or national standards and international standards is not equivalent, and when formulating national standards based on the standardization documents of other international standard organizations or countries, the patent issues involved in the standards shall be handled in accordance with the provisions of Chapter 5. 4.7 Introduction Using standards involving patents
When normatively citing standard clauses involving patents in the process of formulating and revising national standards, the implementation permission statement of the patent owner or patent applicant should be obtained in accordance with the provisions of Chapter 5. 5 Special procedures for the formulation and revision of national standards involving patents 5.1 Preliminary research stage
5.1.1 The project proposer should collect the necessary patent information involved in the standard draft attached to the project proposal as widely as possible, and should disclose the necessary patents owned by itself and its affiliates in accordance with the provisions of 4.1. It is advisable to disclose the necessary patents owned by others (parties) known to it in accordance with the provisions of 4.1.
5.1.2 The project proposer should include the necessary patent information disclosure form and supporting materials in the project proposal submitted to the national professional standardization technical committee or the responsible unit.
5.1.3 When the national professional standardization technical committee or the responsible unit submits the project proposal to all members for voting, it should also submit the necessary patent information disclosure form, supporting materials and the disclosed patent list received (it is not necessary to fill in the relevant license information). 5.1.4 Members of the national professional standardization technical committee shall disclose the necessary patents owned by themselves, their units and their affiliates in accordance with the provisions of 4.1 before the prescribed deadline, and shall disclose the necessary patents owned by others (parties) known to them in accordance with the provisions of 1.1. The specific deadline shall be determined by the professional standardization technical committee or the responsible unit. 5.1.5 When submitting national standard project proposals and standard drafts to the national standardization administrative department, the national professional standardization technical committee or the responsible unit shall also submit the necessary patent information disclosure form, supporting materials and the list of disclosed patents (the relevant information may not be filled in).
5.2 Project establishment stage
When the national standardization administrative department publicizes the proposed national standard projects, it shall also publish the standard drafts involved in the patents, the list of disclosed patents and the contact information of the national professional standardization technical committee or the responsible unit, and encourage organizations and individuals to disclose the necessary patents related to the standard that they own and know about.3
GB/T 200C3.1—2C14
5.3 Drafting stage
5.3.1.1. All members of the working group shall disclose the essential patents owned by themselves and their associates in accordance with the provisions of 4.1, and shall disclose the essential patents owned by others that they know of in accordance with the provisions of 4.1. 5.3.2 All units or individuals who are not members of the working group but provide technical advice to the standards being formulated and revised shall disclose the essential patents owned by themselves and their associates in accordance with the provisions of 4.1, and shall disclose the essential patents owned by others that they know of in accordance with the provisions of 4.1. 5.3.3 The national professional standardization technical committee or the responsible unit shall contact the patent right holder of the essential patents. 5.3.4 The national professional standardization technical committee or the responsible unit shall notify the working group of the necessary patent information disclosure form, supporting materials and necessary patent implementation license declaration form received: 5.3.5 If the national professional standardization technical committee or the responsible unit receives the necessary patent implementation license declaration form signed by the patent owner or patent applicant of the necessary patent within the prescribed period, or the patent owner or patent applicant of the necessary patent chooses the licensing method of 4.2.2), the draft standard shall not contain clauses based on this patent technology. The specific period shall be stipulated by the professional standardization technical committee or the responsible unit.
5.3.6 The draft standard materials submitted by the working group to the technical committee for comments shall include the necessary patent information disclosure form, supporting materials, the disclosed patent list and the necessary patent implementation license declaration form. 5.4 Comments solicitation stage
5.4.1 When soliciting opinions on national standards involving patents, the national professional standardization technical committee or the responsible unit shall publish the relevant information of the standard in accordance with the provisions of 4.3, and indicate that relevant organizations and individuals are encouraged to disclose the necessary patents they own and know in accordance with the provisions of 4.1. Relevant organizations and individuals should disclose the necessary patents they own and know in accordance with the provisions of 4.1. 5.4.2 Before the deadline for soliciting opinions, members of the professional standardization technical committee shall disclose the necessary patents that are relevant to the content of the draft for comments of the member, the unit to which the member belongs, and their related parties in accordance with the provisions of 4.1. It is recommended to disclose the necessary patents that are known to others (party) in accordance with the provisions of 1.1.
5.4.3 The national professional standardization technical committee or the responsible unit shall handle the newly received necessary patent disclosure information in the process of soliciting opinions in accordance with the provisions of 5.3.3 to 5.3.5.
5.5 Review stage
5.5.1 The national professional standardization technical committee or the responsible unit shall adopt the method of in-meeting review when reviewing the draft standard involving patents. The review content shall at least include: whether the standard meets the document requirements of 1.5 and the completeness of the necessary patent information disclosure form, the list of disclosed patents and the necessary patent implementation license statement form, and give opinions. 5.5.2 The draft standard application materials submitted by the national professional standardization technical committee or the responsible unit to the national standardization administrative department shall include the necessary patent information disclosure form, the supporting materials, the list of disclosed patents and the necessary patent implementation license statement form. 5.6 Approval stage
5.6.1 The national standardization administrative department shall review the completeness of the necessary patent information disclosure form, the supporting materials, the list of disclosed patents and the necessary patent implementation license statement form, as well as the compliance of the disposal procedures. Those that do not meet the approval requirements shall be returned to the national professional standardization technical committee or the responsible unit, and the approval shall be submitted again after the problems are resolved within a limited time. 5.6.2 For those that meet the approval requirements, the national standardization administrative department shall publish the information on patents involved in the standard in accordance with the provisions of 1.3 before the standard is released. The publicity period is 30 days. For mandatory standards that involve or may involve patents, the publicity period may be extended to 60 days upon application. Any organization or individual shall disclose other essential patents known to it to the national standardization administrative department in accordance with the provisions of 1.1. 5.6.3 The national standardization administrative department shall promptly inform the national professional standardization technical committee or unit of the newly received essential patent information.
GB/T 20003.1—2014
5.6.4 Before the standard is approved, if new essential patents are discovered, the national professional standardization technical committee or unit shall apply to suspend the approval procedure of the standard submission, and deal with the newly disclosed essential patents in accordance with the provisions of 5.3.3 to 5.3.5, and then submit it for approval. 5.7 Publication stage
The standard shall be published in accordance with 4.5.8 Review stage
5.8.1 When the patent information involved in the standard changes, the standard should be reviewed in a timely manner. 5.8.2 During the review process, the national professional standardization technical committee or the responsible unit shall verify the information of the necessary patents in the standard and determine the review conclusion of the standard based on the verification results. Patent disposal in standard implementation
6.1 After the standard is released, if it is found that the patents involved in the standard do not have a patent implementation license statement, the national standardization administrative department shall instruct the national professional standardization technical committee or the responsible unit to obtain the patent implementation license statement made by the patent owner or patent applicant within the prescribed time and submit it to the national standardization administrative department. 6.2 Except for mandatory national standards, if the patent license declaration made by the patent owner or patent applicant in accordance with option a) or 6) in 1.2.2 is not obtained within the prescribed time, the national standardization administrative department may suspend the implementation of the national standard as appropriate, and instruct the corresponding national professional standardization technical committee or the responsible unit to revise the standard. GB/T 20003.1-—2014
Appendix A
(Normative Appendix)
Table formats used for handling patents involved in the process of standard formulation Tables A.1 to A.1 show the table formats used for the disclosure, license declaration and publication of the patents involved in the standard. Table A.1 is used for the disclosure of essential patent information. Table A.2 is used for the patent owner or patent applicant to make a license declaration for a specific essential patent. Table A.3 is used for the patent owner or patent applicant to make a license declaration for all relevant essential patents owned by the patent owner or patent applicant for a certain standard. Table A.1 is a patent list used when publishing the essential patent information that is also disclosed. The following tables can add table rows according to actual needs. Table A.1 Necessary patent information disclosure form
Standard information
National standard planning number
National standard number
Individual
Organization
Contact address
Postal code
Organization name
Patent application number/
Patent number
Project name/
National standard name
Patent applicant information
Working unit
Contact person
Email
Necessary patent information involved in the standard
Patent name
Patent applicant/
Patent owner
Patent discloser (signature/stamp):
Instructions for filling in the form: The disclosed name of the patent information can be an individual or an organization. Please choose to fill in the form. 6
Standards of the patent involved in the modification
Clause (number)
Agree
Make an implementation license
2 National standard plan number/
National unified serial number
Patent owner/patent applicant
Name and title of the patentee/patent applicant
Contact name
Postal code
Contact address
Necessary patent implementation license declaration form
Standard information
Project name/
National standard name
Patent owner/patent applicant information
Email
Necessary patent implementation plan declaration
GB/T 20003.1—2014
When and only when the claims in the patent of the present patent owner or patent applicant become the necessary claims of the finally released national standard, the patent owner or patent applicant shall make the following implementation license statement: a) The patent owner or patent applicant intends to license any organization or individual to implement the patent free of charge on a fair, reasonable and non-discriminatory basis when the national standard is implemented;
Note: The patent owner/patent applicant may make the above statement under the conditions of mutuality or defensive termination; h) The patent owner or patent applicant agrees to license any organization or individual to implement the patent on a fair, reasonable and non-discriminatory basis when the national standard is implemented;
Note: The patent owner/patent applicant may make the above statement under the conditions of mutuality or defensive termination. C) The patentee or patent applicant does not agree to the patent implementation license in the above two ways, and the patent number is as follows: Patent number/Patent application number Patent name Necessary patent requirements Patentee/Patent applicant (signature/blue seal): Year Implementation declaration method A), B or GB/T200c3.12Q14 Import national standard number! State standard number Patentee/Patent applicant name or name Contact person name Postal code Contact address Table A, 3 General essential patent implementation license declaration table Standard information Project name!
National standard name
Patent owner/patent applicant information
Email
Essential patent implementation license statement
When the claims in the patent of this patent owner/patent applicant become the essential claims of the final published own standard, this patent owner/patent examiner makes the following implementation license statement (please check one of the following methods)) The patent owner or patent applicant agrees to license any organization or individual to implement the patent in the national standard free of charge on a fair, reasonable and non-discriminatory basis;
Note: The patent owner/patent examiner can make the above statement under the condition of preferential or permanent termination. b) The patent owner or patent applicant agrees to license any organization or individual to implement the patent in accordance with the national standard on a fair, reasonable and non-discriminatory basis, for a fee;
Note: The patent owner/patent applicant may make the above statement under the conditions of termination or defensive termination. 2) The patent owner or patent applicant does not agree to the patent implementation license in the above two ways: Patent owner/patent applicant (signature/seal):Working unit
Contact person
Email
Necessary patent information involved in the standard
Patent name
Patent applicant/
Patent owner
Patent discloser (signature/seal):
Instructions for filling in the form: The discloser of the patent information can be an individual or an organization. Please choose to fill in the form. 6
Standards of the patent involved in the modification
Clause (number)Www.bzxZ.net
Agree
Make an implementation license
2 National standard plan number/
National unified serial number
Patent owner/patent applicant
Name and title of the patentee/patent applicant
Contact name
Postal code
Contact address
Necessary patent implementation license declaration form
Standard information
Project name/
National standard name
Patent owner/patent applicant information
Email
Necessary patent implementation plan declaration
GB/T 20003.1—2014
When and only when the claims in the patent of the present patent owner or patent applicant become the necessary claims of the finally released national standard, the patent owner or patent applicant shall make the following implementation license statement: a) The patent owner or patent applicant intends to license any organization or individual to implement the patent free of charge on a fair, reasonable and non-discriminatory basis when the national standard is implemented;
Note: The patent owner/patent applicant may make the above statement under the conditions of mutuality or defensive termination; h) The patent owner or patent applicant agrees to license any organization or individual to implement the patent on a fair, reasonable and non-discriminatory basis when the national standard is implemented;
Note: The patent owner/patent applicant may make the above statement under the conditions of mutuality or defensive termination. C) The patentee or patent applicant does not agree to the patent implementation license in the above two ways, and the patent number is as follows: Patent number/Patent application number Patent name Necessary patent requirements Patentee/Patent applicant (signature/blue seal): Year Implementation declaration method A), B or GB/T200c3.12Q14 Import national standard number! State standard number Patentee/Patent applicant name or name Contact person name Postal code Contact address Table A, 3 General essential patent implementation license declaration table Standard information Project name!
National standard name
Patent owner/patent applicant information
Email
Essential patent implementation license statement
When the claims in the patent of this patent owner/patent applicant become the essential claims of the final published own standard, this patent owner/patent examiner makes the following implementation license statement (please check one of the following methods)) The patent owner or patent applicant agrees to license any organization or individual to implement the patent in the national standard free of charge on a fair, reasonable and non-discriminatory basis;
Note: The patent owner/patent examiner can make the above statement under the condition of preferential or permanent termination. b) The patent owner or patent applicant agrees to license any organization or individual to implement the patent in accordance with the national standard on a fair, reasonable and non-discriminatory basis, for a fee;
Note: The patent owner/patent applicant may make the above statement under the conditions of termination or defensive termination. 2) The patent owner or patent applicant does not agree to the patent implementation license in the above two ways: Patent owner/patent applicant (signature/seal):Working unit
Contact person
Email
Necessary patent information involved in the standard
Patent name
Patent applicant/
Patent owner
Patent discloser (signature/seal):
Instructions for filling in the form: The discloser of the patent information can be an individual or an organization. Please choose to fill in the form. 6
Standards of the patent involved in the modification
Clause (number)
Agree
Make an implementation license
2 National standard plan number/
National unified serial number
Patent owner/patent applicant
Name and title of the patentee/patent applicant
Contact name
Postal code
Contact address
Necessary patent implementation license declaration form
Standard information
Project name/
National standard name
Patent owner/patent applicant information
Email
Necessary patent implementation plan declaration
GB/T 20003.1—2014
When and only when the claims in the patent of the present patent owner or patent applicant become the necessary claims of the finally released national standard, the patent owner or patent applicant shall make the following implementation license statement: a) The patent owner or patent applicant intends to license any organization or individual to implement the patent free of charge on a fair, reasonable and non-discriminatory basis when the national standard is implemented;
Note: The patent owner/patent applicant may make the above statement under the conditions of mutuality or defensive termination; h) The patent owner or patent applicant agrees to license any organization or individual to implement the patent on a fair, reasonable and non-discriminatory basis when the national standard is implemented;
Note: The patent owner/patent applicant may make the above statement under the conditions of mutuality or defensive termination. C) The patentee or patent applicant does not agree to the patent implementation license in the above two ways, and the patent number is as follows: Patent number/Patent application number Patent name Necessary patent requirements Patentee/Patent applicant (signature/blue seal): Year Implementation declaration method A), B or GB/T200c3.12Q14 Import national standard number! State standard number Patentee/Patent applicant name or name Contact person name Postal code Contact address Table A, 3 General essential patent implementation license declaration table Standard information Project name!
National standard name
Patent owner/patent applicant information
Email
Essential patent implementation license statement
When the claims in the patent of this patent owner/patent applicant become the essential claims of the final published own standard, this patent owner/patent examiner makes the following implementation license statement (please check one of the following methods)) The patent owner or patent applicant agrees to license any organization or individual to implement the patent in the national standard free of charge on a fair, reasonable and non-discriminatory basis;
Note: The patent owner/patent examiner can make the above statement under the condition of written or permanent termination. b) The patent owner or patent applicant agrees to license any organization or individual to implement the patent in accordance with the national standard on a fair, reasonable and non-discriminatory basis, for a fee;
Note: The patent owner/patent applicant may make the above statement under the conditions of termination or defensive termination. 2) The patent owner or patent applicant does not agree to the patent implementation license in the above two ways: Patent owner/patent applicant (signature/seal):
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