1 Scope
This part of GB/T 20003 specifies the disposal requirements and special procedures for patent problems related in the process of standard formulation and reversion. Unless otherwise specified, the patents mentioned in this part include effective patents and patent applications.
This part is applicable to the formulation and reversion of national standards related to patents, and it may also be referred to for the formulation and reversion of technical guide document for national standardization, professional standards and provincial standards.
2 Normative References
The following referenced documents are indispensable for the application of this document. For dated references, only the dated versions are applicable to this standard. For undated references, the latest edition of the normative document (include all the amendments) is applicable to this standard.
GB/T 1.1-2009 "Directives for Standardization - Part 1: Structure and Drafting of Standards"
GB/T 20000.1 "Guide for Standardization - Part 1: Standardization and Related Activities - General Vocabulary"
3 Terms and Definitions
For the purpose of this part, the terms and definitions specified in GB/T 20000.1 as well as those below are applicable.
3.1 Essential claim
The claim inevitable to be violated in a certain patent during the performance of standards.
3.2 Essential patent
The patent that includes at least one necessary claim.
3.3 Affiliate
The legal entity directly or indirectly controls legal entity A, or controlled by legal entity A, or along with legal entity A jointly controlled by another legal entity B.
Note: The word "control" describes the state that one legal entity directly or indirectly owns over 50% voting shares of another legal entity or has the decision right under the condition that fails to own the above-mentioned 50% voting shares. The affiliate does not include the legal entity which regards the country as its affiliate.
3.4 Technical contribution
The contribution materials involved in standard technical contents which are directly exhibited in written or electric media or indirectly exhibited through the agency in the process of standard formulation and reversion.
4 Patent Disposal Requirements
Foreword I
Introduction II
1 Scope
2 Normative References
3 Terms and Definitions
4 Patent Disposal Requirements
5 Special Procedures for Formulation and Reversion of National Standard Related to Patent
6 Patent Disposal during Standard Implementation
Appendix A (Normative) Forms Used for Disposal of Patents Involved in Standard Formulation
