It is the policy of the IEEE and many other standard-setting organizations to request that any patented technology incorporated into a technical standard be made available to all users of the standard on reasonable and nondiscriminatory (RAND) terms (see IEEE-SA Standards Board Bylaws, clause 6, available at http://standards.ieee.org/guides/bylaws/sect6-7.html#6). By the same token, such organizations typically require that participants engaged in formulating a standard disclose whether the proposed standard?s use would infringe patents that their companies own. They must also disclose whether such patents will be subject to RAND licensing.
Citation:
Richard H. Stern, "The antitrust ghost in the standard-setting machine," IEEE Micro, vol. 25, no. 3, pp. 7-9, May/June 2005, doi:10.1109/MM.2005.60