Internet Standards Body Considering Policy of Solely Endorsing Royalty-Free Technology

In a meeting held last week, the Patent Policy Working Group ("PPWG") of the Internet standards body, World Wide Web Consortium ("W3C"), voted to recommend to W3C a royalty-free policy. The policy takes the position that W3C will not approve a Recommendation (effectively, a standard) on a web-related technology if it is aware that a patent exists covering the technology, which patent is not available for licensing on royalty-free terms. Other highlights of the royalty-free policy include the following:

• the rights accorded under a royalty-free licence will apply solely to the implementation of the standard - any other use of the patent would fall outside the licence;
• if a patent issues after the related standard is adopted by W3C, the royalty-free policy allows the standard to be withdrawn and reworked by W3C to avoid infringement on the patent; and
• a member of any Working Group that formulates new W3C standards must file a declaration that royalty-free rights will be granted to anyone for implementing a standard in relation to any patent held by the member.

W3C, a consortium of some 500 members, develops technologies (specifications, guidelines, software and tools) for the World Wide Web. Its primary impact has been the development of proposed web-related industry standards (i.e. Recommendations). The Patent Policy Working Group provides advice to W3C on the impact of the patent regime. For information on W3C, the Patent Policy Working Group, and a draft copy of the royalty-free policy, please see: http://www.w3.org/ For an article written by a member of the Patent Policy Working Group, please see: http://news.com.com/2010-1071-961018.html?tag=fd_nc_1 Concerned about your company's patent portfolio? Contact Gervas Wall (gwall@dww.com) or Peter Wang (pwang@dww.com) at DWW.