Intel patent licensing practices for industry standards
Intel participates in a wide range of standard-setting organizations ("SSOs") to advance industry-wide growth and technology development.
Consistent with its participation in SSOs, Intel may voluntarily commit to license its patents that are “essential” for compliance with a standard on fair, reasonable and non-discriminatory (“FRAND” or “RAND”) terms. Intel sees FRAND licensing as requiring a balanced approach that respects intellectual property rights while promoting key benefits of standard setting such as economic feasibility and widespread adoption of the standard. Intel understands FRAND commitments have at least the following implications:
- A commitment to license every user or implementer of the relevant standard, and such license may not be conditioned on licensing patents that are not essential for that standard;
- Injunctions and other exclusionary remedies should not be available on FRAND committed patents except in limited circumstances;
- A FRAND royalty should reflect a number of factors including a royalty base that does not exceed the cost of the smallest unit that practices the standard, the technical value of the patented feature compared to alternatives available during the standard-setting process, and the overall royalty that could reasonably be charged for all patents essential to the standard; and
- FRAND commitments follow the transfer of a patent to subsequent owners.
In negotiating FRAND terms, Intel expects its prospective contracting parties to agree to a balanced approach that includes these principles. For example, a balanced approach does not include consideration of non-representative licenses, licenses that are a product of unacceptable coercion or that contain non-FRAND terms.
Intel has also filed public commentaries that describe these FRAND principles.
- US ITC Public Interest Statement, Inv. No. 337-TA-794, December 3, 2012
- US ITC Public Interest Statement, Inv. No. 337-TA-752, June 8, 2012
- Brief for Intel Corporation as Amicus Curiae, Apple Inc. et al. v Motorola, Inc. et al., Court of Appeals for the Federal Circuit, March 20, 2013
- Brief for Intel Corporation as Amicus Curiae, Microsoft Corporation v Motorola, Inc. et al., Court of Appeals for the Ninth Circuit, June 29, 2012
- Prepared Statement of A. Douglas Melamed for the US Senate Committee on the Judiciary Subcommittee on Antitrust, Competition and Consumer Rights, July 30, 2013
Inquiring about obtaining a patent license
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