Apple seeks change to 'essential' patent licence rules
The firm wrote a letter to the European Telecommunications Standards Institute (ETSI) in November, which has now been reported by the Wall Street Journal.
The iPhone maker called for "more consistent and transparent" application of rules designed to ensure that such intellectual properties were licensed.
Both Samsung and Motorola Mobility have sued Apple over "essential" patents.
The document has since been published in full on the Foss Patents blog.
It centres on what are termed Frand principles - an agreement to license technologies critical to a recognised standard, such as 3G networks or MP3 files, under fair, reasonable and non-discriminatory terms.
Companies that sign up to the rules agree that they cannot discriminate who gets to use their invention so long as they are paid a fee, which cannot be excessive.
The company's request lists three specific points:
- Parties should only be able to claim an "appropriate royalty rate", both at the start and end of negotiations.
- There should be a "common royalty base" - in other words, the patent's value should be determined as a percentage of the cost of the relevant components rather than the device as a whole.
- Patent owners should commit to a "no injunction" policy under which they do not seek to block the sale or shipments of rivals' equipment on the basis of a Frand-patent dispute.
"Apple is committed to this framework, provided that other parties reciprocate," said Bruce Watrous, the firm's chief intellectual property counsel.
Foss Patents' author, consultant Florian Mueller, links the letter to 9 To 5 Mac's revelation last September that Samsung had sought 2.4% of Apple's sales prices for each of a series of 3G-related Frand-type patents that it contested last year. The case was rejected by a Dutch court; Kazinform cites BBC.
To learn more go to www.bbc.co.uk
