UL Patent Policy
The following is UL's patent policy for ANSI/UL Standards
1.1 UL/ANSI Standards Patent Policy - The following is UL's patent policy for ANSI/UL Standards.
1.1.1 Inclusion of Patents in UL/ANSI Standards - There is no objection in principle to drafting a proposed UL/ANSI Standard in terms that include the use of an essential patented claim (one whose use would be required for compliance with that standard) if it is considered that technical reasons justify this approach.
1.1.1.1 Timely Notification to UL and ANSI - When a proposal author is aware that a patent exists, or has been applied for, that pertains to the proposal they are submitting (whether the patent application was made by the proposal author, his/her organization, or other parties), the author is to notify UL (UL will include that notification in its submission to ANSI regarding its submission to ANSI regarding the Standard(s) in question) that their proposal may require the use of a patented claim, and, the procedures in 1.1.2 - 1.1.4 shall be followed. Alternatively, if a STP member or individual or entity commenting on a standards proposal believes that a proposal contains an essential patented claim, that STP member, individual or entity should notify UL of the possible existence of the essential patented claim. UL does not have any duty to investigate such claim of essentiality. UL's only duty is to bring the claim of essentiality to the attention of the voting members of the STP and to request a patent statement consistent with section 1.1.2 of this policy from the patent holder.
1.1.2 Statement from patent holder - UL and ANSI shall receive from the patent holder or a party authorized to make assurances on its behalf, in written or electronic form, either:
- a general disclaimer to the effect that such party does not hold and does not currently intend holding any invention the use of which would be required for compliance with the proposed American National Standard or
- a statement that a license to such essential patent claim(s) will be made available to applicants desiring to utilize the license for the purpose of implementing the standard either:
- without compensation and under reasonable terms and conditions that are demonstrably free of any unfair discrimination or
- under reasonable terms and conditions that are demonstrably free of any unfair discrimination.
1.1.3 Record of statement - A record of the patent holder's statement shall be placed and retained in the files of UL and ANSI.
1.1.4 Notice - When UL and ANSI receive from a patent holder the assurance set forth in 1.1.2 (2), the standard shall include a note substantially as follows:
NOTE - The user's attention is called to the possibility that compliance with this standard may require use of an invention covered by patent rights.
By publication of this standard, no position is taken with respect to the validity of this claim or of any patent rights in connection therewith. The patent holder has, however, filed a statement of willingness to grant a license under these rights on reasonable and nondiscriminatory terms and conditions to applicants desiring to obtain such a license. Details may be obtained from UL.
1.1.5 Responsibility for identifying patents - UL and ANSI shall not be responsible for identifying all patents for which a license may be required by a UL/ANSI Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention.
