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Delivery: <= 4 days. True-PDF full-copy in English will be manually translated and delivered via email. GBZ43194-2023: Disposal guidelines for patents related to association standards Status: Valid
Basic dataStandard ID: GB/Z 43194-2023 (GB/Z43194-2023)Description (Translated English): Disposal guidelines for patents related to association standards Sector / Industry: National Standard Classification of Chinese Standard: A00 Classification of International Standard: 01.120 Word Count Estimation: 22,279 Date of Issue: 2023-09-07 Date of Implementation: 2023-09-07 Issuing agency(ies): State Administration for Market Regulation, China National Standardization Administration GBZ43194-2023: Disposal guidelines for patents related to association standards---This is a DRAFT version for illustration, not a final translation. Full copy of true-PDF in English version (including equations, symbols, images, flow-chart, tables, and figures etc.) will be manually/carefully translated upon your order.GB /Z 43194-2023.Guidelines for the disposal of patents involved in group standards ICS 01.120 CCSA00 National Standardization Guiding Technical Documents of the People's Republic of China Group Standards Involving Patent Disposal Guidelines Published on 2023-09-07 Implemented on 2023-09-07 State Administration for Market Regulation Released by the National Standardization Administration Committee Table of contentsPreface III Introduction IV 1 Scope 1 2 Normative reference documents 1 3 Terms and Definitions 1 4 General principles 2 4.1 Openness and transparency2 4.2 Balance of interests 2 4.3 Promote innovation2 4.4 Honesty and trustworthiness 2 5 Overall Objective 2 5.1 Respect intellectual property rights 2 5.2 Encourage scientific and technological innovation2 5.3 Conducive to economic and trade exchanges 3 6 Responsibilities and Management 3 6.1 Overview 3 6.2 Social groups 3 6.2.1 Organizational structure and responsibilities 3 6.2.2 System for group standards involving patents 3 6.2.3 Dispute Mediation 4 6.2.4 Information management 4 6.2.5 Evaluation improvements 4 6.3 Standard Participant 4 6.3.1 Work docking 4 6.3.2 Patent protection 5 6.3.3 Integration into Standard 5 6.3.4 Synchronization mechanism 5 6.3.5 Fulfilling obligations 5 6.4 Patentee 5 6.4.1 Overview 5 6.4.2 Preparation 5 6.4.3 In-process negotiation 5 6.4.4 Post-event disposal 5 6.4.5 License Agreement 6 6.4.6 Patent transfer and agreement 6 6.5 Standard Implementers 6 6.5.1 Reasonable response 6 6.5.2 Information query 6 6.5.3 In-process negotiation 6 6.5.4 Necessity check 6 7 Patent Disclosure 6 7.1 Disclosure obligations 6 7.2 Duty of honesty7 7.3 Meeting requirements 7 7.4 Disclosure 7 7.4.1 Basic information 7 7.4.2 Licensing method 7 7.4.3 Obligation inheritance7 7.4.4 Information summary 8 7.4.5 Social disclosure8 7.4.6 Express consequences8 7.5 Disclosure methods and procedures 8 7.5.1 Disclosure method 8 7.5.2 Disclosure process 8 Appendix A (informative) Table format used to disclose patents involved in group standards11 Reference 15 Figure 1 The patent disclosure process involved in each link of group standard formulation, revision and implementation9 Table A.1 Group Standards Involving Patent Information Disclosure Form 11 Table A.2 Group Standards Involving Patent Implementation License Statement Table 12 Table A.3 List of patents involved in disclosed group standards13 Table A.4 Blanket License Declaration Letter14ForewordThis document complies with the provisions of GB/T 1.1-2020 "Standardization Work Guidelines Part 1.Structure and Drafting Rules of Standardization Documents" Drafting. Please note that some content in this document may be subject to patents. The publisher of this document assumes no responsibility for identifying patents. This document is under the jurisdiction of the China Standardization Association. This document was drafted by. China Standardization Association, Guangdong Product Quality Supervision and Inspection Institute, UNISO C (Shanghai) Technology Co., Ltd., China Society of Automotive Engineers, China Quality Certification Center, Shenzhen Institute of Standards and Technology, China Jiliang University, China Academy of Information and Communications Technology, China Electrical Engineering Society, China City Gas Association, China Biomedical Engineering Society, China Academy of Building Sciences Co., Ltd., China Electric Power Power Enterprise Federation, China Building Materials Federation, China Electronic Video Industry Association, China Highway Society, Nuclear Industry Standardization Research Institute, China Machine Research Institute of Standards and Technology (Beijing) Co., Ltd., Beijing IGRS Information Industry Association, China Health Care Association, China Foundry Association, China Electronics Sub-society, Shandong Institute of Standardization, Guangzhou Baoming Mechanical Technology Research Co., Ltd., Fujian Anlin Intelligent Technology Co., Ltd., Guangdong Provincial Meteorological Disaster Prevention and Reduction Association, Dongguan Xiangtong Optoelectronics Technology Co., Ltd., China Mobile Communications Group Design Institute Co., Ltd., Beijing Telecom Technology Technology Development Industry Association, Chongqing Changan Automobile Co., Ltd., China Patent Protection Association, Chinese Mechanical Engineering Society, Qingdao Haier Intelligent Technology Technology R&D Co., Ltd., Jiangsu Society of Engineers, Hunan Provincial Standardization Association, China Institute of Technology (Beijing) Testing and Certification Co., Ltd., China Southern Power Grid Technology Co., Ltd. Research Institute Co., Ltd., China United Network Communications Group Co., Ltd., China Instrument and Control Society, Zhongguancun Materials Testing Technology Federation Alliance, China Certification and Accreditation Association, Institute of Acupuncture, China Academy of Chinese Medical Sciences, China Water Conservancy Society, China Association of Traditional Chinese Medicine, Zhongguancun Semiconductor Ming Engineering R&D and Industry Alliance, Xiersi (Changsha) Science and Technology Research Institute Co., Ltd., China Inspection and Testing Society, Fangyuan Mark Certification Group, Chinese Refrigeration Society. The main drafters of this document. Zheng Yanfeng, Li Jin, Wang Peng, Ding Yanci, Wu Xiangke, Tan Li, Zheng Suli, Bi Chunli, Chen Yufei, Li Changying, Wang Guosheng, Jiang Bo, Zhou Libo, Zhou Liwei, Peng Jianfeng, Chen Ying, Li Xiaozhen, Xin Mingzhe, Sun Zhiyong, Zhou Bangyong, Wang Feng, Yu Wenke, Yang Fengjiang, Yang Jiejing, Huang Yihua, Ouyang Hui, Liu Dingqi, Yin Changjun, Si Pinhua, Gao Rui, Jin Yidun, Lai Xinli, Liu Yilin, Yuan Junrui, Wang Binhou, Zhou Yajie, Wang K, Tang Guowei, Qi Xin, Wang Xin, Zhai Jing, Duan Yanfang, Quan Hong, Wang Yang, Wang Yaning, Wang Xinyu, Yao Ximei, Dong Yali, Geng Hongbiao, Dong Guofeng, Wu Xiuxia, Su Xiangfei, Xu Yuanyuan, Tian Ya, Liu Hualin, Yan Xiaolei, Xiao Yang, Liu Shusheng, Yang Liyun, Li Huan, Zhang Shijuan, Lin Jinghong.IntroductionGroup standards have obvious attributes to meet market demand and innovation requirements. There are many scenarios for integration with patents. All relevant parties of group standards need to Carry out patent disposal work in a timely and accurate manner. The disposal of patents involved in group standards shall be handled in accordance with the "Administrative Provisions on National Standards Involving Patents (Provisional For relevant regulations such as "Execution of Standards", please refer to the requirements of GB/T 20003.1 "Special Procedures for Standard Development Part 1.Standards Involving Patents", etc. In addition, it is also necessary to formulate special group standards related normative documents involving patents to guide the orderly development of group standards. "National Standardization Development Outline", "Notice on Issuing the Action Plan for the Implementation of the National Standardization Development Outline", "Notice on Promoting the Youth League Policy documents such as "Opinions on Standardizing High-quality Development of Corporate Standards" and "Outline for Building a Powerful Intellectual Property Nation (2021-2035)" are necessary for corporate standards. Patent disposal work has put forward new requirements. In order to meet the needs of the market-oriented development of group standards, the stakeholders of group standards should be guided to carry out the work in an orderly manner. The group standards involve the disposal of patents and promote the clear goals of the disposal, the open and transparent process, and the fair and reasonable results. This document is specially formulated. Each social group shall combine the specific circumstances of the industry group standards involving patents and refer to this document to formulate institutional documents involving patents. Group Standards Involving Patent Disposal Guidelines1 ScopeThis document establishes the overall principles and overall goals of group standards related to patent disposal, and provides the responsibilities and management, and patent disclosure process. Guidance and advice. This document is applicable to the disposal activities of group standards involving patents carried out by stakeholders. Note. Unless otherwise specified, the patents mentioned in this document include valid patents and patent applications.2 Normative reference documentsThe contents of the following documents constitute essential provisions of this document through normative references in the text. Among them, the dated quotations For undated referenced documents, only the version corresponding to that date applies to this document; for undated referenced documents, the latest version (including all amendments) applies to this document. GB/T 19001-2016 Quality Management System Requirements GB/T 20000.1 Guidelines for standardization work Part 1.Common terms for standardization and related activities GB/T 20003.1 Special procedures for standard setting Part 1.Standards involving patents GB/T 20004 (all parts) group standardization GB/T 21374-2008 Basic vocabulary for intellectual property documents and information3 Terms and definitionsThe terms and definitions defined in GB/T 20000.1, GB/T 20003.1, GB/T 21374-2008 and the following apply to this document. 3.1 stakeholder A person or organization that can influence a decision or activity, be affected by a decision or activity, or consider itself to be affected by a decision or activity. Note 1.Stakeholders in standardization work refer to those who participate in the formulation, revision and implementation of standards, or whose actions can affect the formulation, revision and implementation of standards, or whose interests Individuals or organizations who will be affected by the publication and implementation of the standard. Note 2.Stakeholders involved in patent disclosure in group standards mainly include. social groups, standard participants (3.2), patentees, patent applicants, standard practitioners Applicants, standards involve users of products and services, the public, etc. [Source. GB/T 19000-2016, 3.2.3, with modifications] 3.2 standardparticipantsstandardparticipants Organizations or individuals involved in the formulation and revision of standards. 3.3 essentialclaim essentialclaim Claims in a patent that are inevitably used when implementing standards. [Source. GB/T 20003.1-2014,3.1, with modifications] 3.4 essential patent essentialpatent Patents containing at least one essential claim (3.3). ......Tips & Frequently Asked Questions:Question 1: How long will the true-PDF of GBZ43194-2023_English be delivered?Answer: Upon your order, we will start to translate GBZ43194-2023_English as soon as possible, and keep you informed of the progress. The lead time is typically 2 ~ 4 working days. The lengthier the document the longer the lead time.Question 2: Can I share the purchased PDF of GBZ43194-2023_English with my colleagues?Answer: Yes. The purchased PDF of GBZ43194-2023_English will be deemed to be sold to your employer/organization who actually pays for it, including your colleagues and your employer's intranet.Question 3: Does the price include tax/VAT?Answer: Yes. 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