  Standard-setting organizations (SSOs) regularly encounter situations in which
one or more companies claim to own proprietary rights that cover a proposed
industry standard. The industry cannot adopt the standard without the
permission of the intellectual property owner (or owners).
  How SSOs respond to those who assert intellectual property rights is
critically important. Whether or not private companies retain intellectual
property rights in group standards will determine whether a standard is "open"
or "closed." It will determine who can sell compliant products, and it may well
influence whether the standard adopted in the market is one chosen by a group
or one offered by a single company. SSO rules governing intellectual property
rights will also affect how standards change as technology improves.
  Given the importance of SSO rules governing intellectual property rights,
there has been surprisingly little treatment of SSOs or their intellectual
property rules in the legal literature. My aim in this article is to fill that
void. To do so, I have surveyed the intellectual property policies of dozens of
SSOs, primarily but not exclusively in the computer networking and
telecommunications industries.
