secg patent policy

The number, variety, complexity, and breadth of patents in cryptography and information security combined with the fact that the SECG standards and guidelines are intended for worldwide use make it very difficult for the SECG (or any other body) to ascertain what technologies are patented, where they are patented, and when such patents are valid. Therefore, the SECG has adopted this patent policy which aims to encourage SECG members and others to identify patented technologies and to grant non-discriminatory and reasonable licenses to these technologies.

During the development of an SECG standard or guideline, the SECG requests its members to identify any known patent and like rights or any known patent pending applications as soon as is practical. For such standards where applicable patents or patent applications have been brought to the attention of the SECG for disclosure to its members, the SECG will attempt to obtain assurances from the patent holder that they will negotiate licenses under patent and like rights with applicants who are seeking to implement the mandatory portions of the standard on reasonable and non-discriminatory terms and conditions. Should the SECG not be able to obtain such assurances within a timeframe deemed reasonable by the SECG, the standard will be referred back to the SECG for reconsideration. Should it be revealed after publication of a standard that licenses under a patent and like rights cannot be obtained under reasonable terms and conditions, the standard will be referred back to the SECG for reconsideration.

When the SECG receives from a patent holder the assurances set forth above, the standard shall include a note similar to the following:

'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 this claim or of any patent rights in connection therewith. The patent holder(s) may have filed with the SECG 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. Additional details may be obtained from the patent holder and from the SECG website, www.secg.org.'

The SECG shall not be responsible for identifying all patents for which a license may be required when implementing a Standards for Efficient Cryptography Group standard or for conducting inquiries into the legal validity or scope of those patents that are brought to its attention. Specifically, the SECG takes no position, and expressly disclaims any legal liability, regarding the validity or scope of any intellectual property right or other rights that might be claimed to pertain to the implementation or use of the technology, or the extent to which any license under such rights might or might not be available.