AAMI (ANSI) Patent Policy
The AAMI Standards program follows the current ANSI Patent Policy (reproduced below from the 2014 ANSI Essential Requirements: Due process requirements for American National Standards.
3.1 ANSI patent policy - Inclusion of Patents in American National Standards
There is no objection in principle to drafting an American National Standard (ANS) in terms that include the use of an essential patent claim (one whose use would be required for compliance with that standard) if it is considered that technical reasons justify this approach.
If an ANSI-Accredited Standards Developer (ASD) receives a notice that a proposed ANS or an approved ANS may require the use of such a patent claim, the procedures in this clause shall be followed.
3.1.1 Statement from patent holder
The ASD shall receive from the patent holder or a party authorized to make assurances on its behalf, in written or electronic form, either:
a) assurance in the form of a general disclaimer to the effect that such party does not hold and does not currently intend holding any essential patent claim(s); or
b) assurance 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:
i) under reasonable terms and conditions that are demonstrably free of any unfair discrimination; or
ii) without compensation and under reasonable terms and conditions that are demonstrably free of any unfair discrimination.
3.1.2 Record of statement
A record of the patent holder’s statement shall be retained in the files of both the ASD and ANSI.
3.1.3 Notice
When the ASD receives from a patent holder the assurance set forth in 3.1.1.b above, 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 any such claim(s) or of any patent rights in connection therewith. If a patent holder has 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, then details may be obtained from the standards developer.
3.1.4 Responsibility for identifying patents
Neither the ASD nor ANSI is responsible for identifying patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to their attention.
3.1.2 Record of statement
A record of the patent holder’s statement shall be retained in the files of both the ASD and ANSI.
3.1.3 Notice
When the ASD receives from a patent holder the assurance set forth in 3.1.1.b above, 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 any such claim(s) or of any patent rights in connection therewith. If a patent holder has 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, then details may be obtained from the standards developer.
3.1.4 Responsibility for identifying patents
Neither the ASD nor ANSI is responsible for identifying patents for which a license may be required by an American National Standard or for conducting inquiries into the legal validity or scope of those patents that are brought to their attention.