NEC Requires Patented Feature

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E40

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Hello All,
I'm currently developing a new outlet design and understand that the NEC requires Tamper Resistant features on most applications (at some point, likely all applications). My question is in general, when the NEC requires something by code that is patented, are the patents free to use? Or is the company/individual holding the patent potentially making out on royalties for something the NEC is requiring everyone to use?

Just not sure if there's a policy about this or if it's a case by case thing.

Thanks in advance for any insight on this

Eric
 
flatlander said:
Is the Tamper proof feature currently patented?
Click to expand...

I have found numerous patents around tamper proof designs that seem to cover the feature from a multitude of angles. It will be quite complex to work around these patents effectively if that is required.
 
Generally speaking, if a code or standard requires something that only be implemented by practicing a specific patent, the patent owner is compelled to license it on "reasonable and non-discriminatory" terms; that's the price of the standards body allowing that feature*. OTOH, if the standards body says to implement something functional, doesn't say how to do it, and there is more than one way to implement; different people can do it differently and patent the parts that make their version unique.

That's a very short take on the subject.

*very common in computer-related standards

z!
who is not a lawyer but reads up on IP law anyway
 
You cannot commit patent infringement just because there is a regulatory requirement of a certain product feature. The product standard associated with TR receptacles (UL 498) outlines the specific performance tests that must be passed in order to identify your product as TR. This includes probe testing, impact testing, and cycle endurance testing.

It doesn't matter how the manufacturer designs the product as long as the product can pass the required performance tests and meets all the dimensions and configurations as outlined in the standard.

BE CAREFUL...
 
Thank you both for your feedback. Seems as though this won't be a real clean cut approach as there are at least a handful of ways I've seen patented to accomplish TR. Thanks again.

E40
 
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