is it really that hard...
1. company invents X
2. company applies for patent for X
3. company is granted patent for X
4. standard organisation hears about + considers X
5. company applies for patent for X
6. standard organisation produces standard of which a direct consequence is use of X, or not using X would require special, dedicated work around patent for X
if 3., 6. cannot happen
if at time of 4. there is 2. but not yet 3., there are two options: a) company insists on patent, thus 6. will not be able to happen, standards org drops idea. b) company retreats appliance, clearing the way for 6. (thereby losing exclusivity of tech but potentially gaining a large customer base knowing they can X)
if 3., 4. cannot happen (well, consider and immediately reject X, because 6. cannot happen)
if 4., 5. cannot happen (patent must be refused by relevant authority, respectively must be lost at first appeal if authority is too thick to realise situation/refuse patent). If it however happens, 6. cannot happen (fallback or whatever).
after 4., X is in the public domain so forget 5. (really!)
if we reach 6., profit for everyone, but company has the highest risk (needs to reclaim devel cost, but everyone knows it knows X)
if we can't reach 6., maybe profit for company
The stop icon is for Rambus as well as respective standards organisation (IEC?). This carpy algorithm with all its flaws is in the public domain by the time i hit "Post Comment".