● “Any different terms and conditions to the patent provided in any other laws or regulations, if any, shall prevail.”
[ Interpretation ] In consideration of the issues mentioned above fail to be provided, in the existing laws and regulations, such stipulations may avoid any possible conflict with any new laws or regulations in the future.
For the purpose of illuminating the specific influences on the Patent Standardization by the stipulations of the Draft, a case may be exampled under the conditions are as follows:
1. Matter of Facts
The conditions to the patent declared and listed in the standard instruments
a) including the section of Patent involved in Standard (“PIS” [2]);
b) including list of the possible patent owners holding such PIS;
c) excluding the number of PIS; and
d) indicating that PIS owner makes guarantee to the standard maker that any applicant may negotiate with it for the licenses of patent under the reasonable and non-discriminative terms.
2. Legal Analysis
a) Review on the Obligations of Patent-Disclosure
In my opinion, the necessary disclosure of patent has been made, provided, however, with certain risks of undue disclosure.
On the condition that the patent number is not listed in the instrument, if the standard user, upon portfolio search conducted on the section of patent and list of possible owner as mentioned above, fails to make a specific conclusion or substantial costs are necessary for the establishment of such conclusion, undue disclosure may be claimed by such user to Court for the collateral use of patent in the process of utilization of standard. If the PIS is not fully disclosed in the proceedings, the undue disclosure mentioned above may be held by Court as nondisclosure, which may prejudice the rights and interests attached on such PIS.
