Patent ambush

A patent ambush is where a member of a standardisation body withholds information about patents it owns, has pending, or intends to file during the development of a proposed standard and subsequently claims them to be relevant to the standard as adopted.Cite web
url=http://news.zdnet.co.uk/itmanagement/0,1000000308,39203931,00.htm
title=Telecom standards face patent ambush threat
publisher=ZDNet
date=2005-06-15
accessdate=2007-08-30] Cite web
url=http://www.europa.eu/rapid/pressReleasesAction.do?reference=MEMO/07/330
title=Antitrust: Commission confirms sending a Statement of Objections to Rambus
publisher=European Commission
date=2007-08-23
accessdate=2007-08-30]

Once the proposed standard has been adopted, companies wishing to implement the standard may be forced to pay royalties to the patent holder, creating barriers to entry that distort competition within the market.Cite web
url=http://www.macuser.co.uk/macuser/news/81277/ec-thwarts-patent-ambush-tactics.html
title=EC thwarts 'patent ambush' tactics
publisher=MacUser
date=2005-12-12
accessdate=2007-08-30] Consequently, the practice is considered to be in breach of anti-trust or competition law in the US [Cite web
url=http://www.mondaq.com/article.asp?articleid=28999
title=United States: The Antitrust Risks Associated With Manipulating The Standard-Setting Process
publisher=McDermott Will & Emery
date=2004-10-13
accessdate=2007-08-30] and the European Union and has resulted in several lawsuits and other actions.

ee also

*Essential patent, a patent which is essential for implementing e.g. a standard
*Patent misuse
*Patent thicket

References