Guidance for the Development of SEMI® Standards and Safety
Guidelines That May Involve Patentable Technology
When possible, SEMI standards or safety guidelines should avoid the necessity of using patented technology, copyrighted items, or trademarks in order to comply with the standard or safety guideline. When the inclusion of such items is technically justified, Section 16 of the Regulations Governing SEMI Standards Committees must be followed.
At the present rate of development of both semiconductor technology and new standards, it is evident that many SEMI standards committees will encounter situations in which potentially patentable technology (that is, technology that might be patented in the future) may be incorporated in documents they are developing. To better anticipate and avoid unknowing incorporation of patented technology, copyrighted items, or trademarks into a SEMI standard or safety guideline, participants in the development of SEMI standards and safety guideline are requested to observe the following code of behavior.
1. Responsibility to Report Relevant Intellectual Property
All participants in the SEMI Standards Program have the responsibility to make known to the group in which they participate any non-confidential patented technology, copyrighted items, or trademarks including issued patents and published patent applications, of which they have knowledge and which might be required to be used in order to comply with the standard or safety guideline being developed by the group.
2. Prohibition Against Intentionally Concealing Information
It should be noted that intentional concealing of any intellectual property rights while knowing they could have an effect on the document under development is not only unprofessional, but also it may render the intellectual property rights unenforceable in the future.
3. Recording in Minutes
Contents of discussions relating to intellectual property rights, including patent rights and pending patent applications should be recorded in the minutes of the committee having jurisdiction over the document being developed. If such discussions take place in a subcommittee or task force, they should be recorded in the report of the subcommittee or task force and appended to the minutes of the committee meeting at which the report is made. This provides a public record of the discussions and disclosures as well as a basis for any cautionary notes to be added to the document.
Participants in the SEMI Standards Program should guard against inclusion of technical ideas discussed in these open forums in future applications or in amendments of existing patent applications.