InterDigital Inc (IDCC)

[olddog967]

gabeh; In regard to your statement that no one forces a company to submit a patent for inclusion in a standard, companies do not submit patents for inclusion in a standard, they submit technical proposals which may be covered by a patent. Second, and more important, since most telecom industry related companies are members of ETSI, and participate in the standard setting process they are required to declare any patents they have that are essential to the standard. Non declaration of a patent could lead to that patent being thrown out in any infringement action.

From ETSI's IPR Policy

4 Disclosure of IPRs
4.1 Subject to Clause 4.2 below, each MEMBER shall use its reasonable endeavours, in particular during the development of a STANDARD or TECHNICAL SPECIFICATION where it participates, to inform ETSI of ESSENTIAL IPRs in a timely fashion. In particular, a MEMBER
submitting a technical proposal for a STANDARD or TECHNICAL SPECIFICATION shall, on a bona fide basis, draw the attention of ETSI to any of that MEMBER's IPR which might be ESSENTIAL if that proposal is adopted.