Appendices
Appendix A: Glossary
| Term | Definition |
|---|---|
| A-119 | OMB Circular A-119. The US federal policy document that operationalizes NTTAA, directing agencies to use voluntary consensus standards in procurement and regulation, and defining the criteria a standards body must meet to qualify. |
| AACS | Advanced Access Content System. Content protection technology used in Blu-ray and HD DVD, employing per-device encryption keys with revocation capability. |
| ANSI | American National Standards Institute. The US body that accredits standards development organizations. Does not write standards itself. |
| ANSI Essential Requirements | ANSI's articulation of due process criteria for standards development: openness, lack of dominance, balance, consensus, right to appeal, notification, and consideration of views and objections. Closely parallels the A-119 criteria. |
| Big-S Standard | A standard from a formal international standards body (ISO, IEC, ITU). Carries treaty-level weight in trade and government procurement. |
| BRM | Ballot Resolution Meeting. An ISO/IEC process step where comments on a failed ballot are addressed before a re-vote. |
| Call for Patents | A formal notification issued by a standards body at a defined stage of specification development, triggering a window for participants to disclose or exclude patents. |
| CEN | European Committee for Standardization. One of three European standards organizations recognized by the EU. |
| CENELEC | European Committee for Electrotechnical Standardization. European standards body focused on electrical engineering. |
| Commitment to License | A promise by a patent holder to offer a license on specified terms (e.g., RAND or royalty-free) to implementers of a standard. Distinct from an actual license — the license itself is negotiated bilaterally. |
| Conformance Program | A testing and certification regime that verifies whether an implementation complies with a specification. May involve self-certification or third-party testing. |
| Consortium | A group of companies collaborating on a standard or specification, often through a multi-party contract rather than a formal corporate entity. |
| Contribution Trigger | A patent policy mechanism where the commitment is tied to technology you actually contribute, rather than to participation in the working group. Compare with Participation Trigger. |
| CSL | Community Specification License. A lightweight IP framework developed by the Joint Development Foundation for collaborative specification development in Git-based workflows. |
| CSS | Content Scramble System. The copy protection technology used on DVDs, predecessor to AACS. |
| De Facto Standard | A standard that achieved dominance through market adoption rather than through a formal standards process (e.g., Win32 API). |
| De Jure Standard | A standard formally recognized by an official standards body through a defined process. |
| Defensive Termination | A provision in a patent commitment that allows the committing party to revoke the commitment against a party that asserts patents against them. |
| Disclosure Obligation | A requirement in RAND patent policies for participants to notify the standards body of patents they believe may be necessary claims reading on the specification. |
| ETSI | European Telecommunications Standards Institute. Develops telecom standards, including cellular standards as part of the 3GPP framework. |
| Exclusion | In a royalty-free patent policy, the mechanism by which a participant declares specific patent claims that will not be subject to the royalty-free commitment. Considered the "nuclear option." |
| FRAND | Fair, Reasonable, and Non-Discriminatory. The European term for RAND licensing commitments. The F does not mean "free." |
| Foundation | An incorporated entity (typically 501(c)(6) in the US) that hosts standards or open source work. Provides governance, operational infrastructure, and legal identity. |
| Harmonised Standard | A European standard developed by CEN, CENELEC, or ETSI in response to a standardisation request from the European Commission in support of EU legislation. When cited in the Official Journal, conformity with the standard creates a presumption of conformity with the underlying EU legal requirements. |
| IBR | Incorporation by Reference. The regulatory technique of making a privately developed standard a legal requirement by citing it in a regulation rather than reprinting its text. Widely used in US safety and technical regulation and enabled for voluntary consensus standards under A-119. |
| IEC | International Electrotechnical Commission. International standards body focused on electrical and electronic technology. Collaborates with ISO through JTC-1. |
| IETF | Internet Engineering Task Force. Develops Internet protocols (TCP/IP, HTTP, TLS). Operates under the Internet Society. Uses "rough consensus and running code" as its development philosophy. |
| INCITS | InterNational Committee for Information Technology Standards. The US national body for ISO/IEC JTC-1 work, operating under ANSI accreditation. |
| IPR Policy | Intellectual Property Rights Policy. The patent and copyright rules governing a standards body, including commitment type (RAND, RF), scope, exclusion mechanisms, and disclosure obligations. |
| ISO | International Organization for Standardization. The largest international standards body. Works with IEC on technology standards through JTC-1. |
| ITU-T | International Telecommunication Union – Telecommunication Standardization Sector. UN-chartered body focused on telecom standards. |
| JDF | Joint Development Foundation. A 501(c)(6) nonprofit organized in Washington State that provides a "consortium-in-a-box" framework for standards projects. Now part of the Linux Foundation. Uses a Delaware Series LLC structure (JDF Projects LLC) to provide structural insulation between projects. |
| JTC-1 | Joint Technical Committee 1 of ISO/IEC. The primary venue for international technology standards, including MPEG, JPEG, and related work. |
| Necessary Claims | Patent claims that cannot be avoided when implementing a standard. Also called "essential claims." The patent claims to which RAND or royalty-free commitments apply. |
| Non-Assert | A commitment by a patent holder not to enforce specified patents against implementers of a specification. Functionally similar to a license for patent purposes. |
| Normative | The portions of a specification that define requirements an implementation must follow. Normative text is what patent commitments typically cover. Compare with Informative. |
| NTTAA | National Technology Transfer and Advancement Act of 1995. US statute directing federal agencies to use voluntary consensus standards developed by private-sector bodies in lieu of government-unique standards, except where inconsistent with law or otherwise impractical. Implemented through OMB Circular A-119. |
| Informative | Portions of a specification that provide explanation, examples, or guidance but do not create compliance requirements. Patent commitments generally do not extend to informative text. |
| OASIS | Organization for the Advancement of Structured Information Standards. Develops enterprise, security, and interoperability standards. Offers multiple IPR modes (RAND, RF on RAND Terms, RF on Limited Terms). |
| OWF | Open Web Foundation. Developed community-based non-assert agreements (OWFa) for standards and specification licensing, including a CLA and Final Specification Agreement. |
| OSP | Open Specification Promise. A patent non-assert developed by Microsoft, structured as a "promise" rather than a license. |
| Participation Trigger | A patent policy mechanism where joining a working group creates the patent commitment, regardless of whether you contribute technology. Compare with Contribution Trigger. |
| PAS | Publicly Available Specification. A process that allows a consortium-developed specification to be submitted to ISO/IEC JTC-1 for an international vote, enabling consortium specs to achieve formal international standard status. |
| Patent Pool | An arrangement where multiple patent holders aggregate their standard-essential patents into a single licensing program, simplifying licensing for implementers. Administered by entities like MPEG LA or Via Licensing. |
| Presumption of Conformity | Under the EU's New Legislative Framework, the legal effect by which an implementer that conforms to a harmonised standard cited in the Official Journal is presumed to comply with the essential requirements of the underlying EU directive or regulation. |
| Profile | A defined configuration of a standard for a specific use case. Profiles narrow the options in a broadly written specification to ensure interoperability within a particular context (e.g., web streaming, satellite broadcast). |
| RAND | Reasonable and Non-Discriminatory. A patent licensing commitment that allows royalties but constrains the patent holder to offer licenses on reasonable terms to all implementers. |
| RAND-RF | RAND Royalty-Free. A RAND commitment where the royalty rate is zero. Also called RAND-Z (RAND Zero). |
| Reciprocity | A provision in a patent commitment that conditions the commitment on the recipient also offering patent rights back. May mean "back to the licensor" or "back to the world," depending on the policy. |
| Reference Implementation | Working code that demonstrates a specification can be implemented. Traditionally used for verification, not production. Increasingly developed as open source intended for deployment. |
| Rolling Exclusion | An exclusion mechanism without a formal call for patents. Participants must independently track the specification and declare exclusions before finalization. |
| SDO | Standards Development Organization. Broad term covering organizations that develop standards, from international bodies to industry consortia. |
| SEP | Standard-Essential Patent. A patent containing one or more claims that are necessary to implement a standard. The patent-level equivalent of necessary claims. |
| Series LLC | A legal structure where a single LLC contains multiple "series," each operating as a separate legal entity with its own assets and liabilities. Used by JDF to provide structural insulation between projects. |
| SIG | Special Interest Group. A small, focused collaboration. The term has largely fallen out of favor. |
| Small-s Standard | An industry standard from a consortium or foundation (W3C, OASIS, IETF) rather than a formal international standards body. |
| SSO | Standards Setting Organization. Sometimes used specifically for the "big" international bodies (ISO, IEC, ITU), though usage varies. |
| W3C | World Wide Web Consortium. Develops web standards (HTML, CSS, Web APIs). Incorporated as its own nonprofit in 2023. Royalty-free patent policy first adopted in 2004 and updated since. |
| WHATWG | Web Hypertext Application Technology Working Group. Founded in 2004 by Apple, Mozilla, and Opera to develop HTML as a "living standard" after disagreements with W3C's direction. |
| Working Group | A subgroup within a standards organization chartered to develop a specific specification. Typically has its own scope, IPR mode, deliverables, and decision-making rules. |
| Zombie Commitment | A patent commitment that persists after a participant has withdrawn from a working group, covering specifications finalized before the withdrawal. |