- How does SCE’s patent ensure SCE customer value?
- What does the SCE’s U.S. patent application cover?
- What does the SCE’s U.S. patent application NOT cover?
- Who owns the right associated with the AMI Use Case patent application?
- What is the status of SCE’s AMI Use Case patent application?
- When did SCE file its patent application for the use cases?
- Does SCE's AMI Use Case patent apply internationally?
- What does SCE’s licensing agreement cover?
- Does SCE’s draft license constrain further development of AMI?
- Why did SCE file a patent application rather than just publishing its use cases?
- What is the Smart Grid Open Source repository?
- How does filing a process patent fit with an open source approach?
- Who invented AMI?
- What is a “use case”?
- Where can I find SCE’s patent application?
1. How does SCE’s patent ensure SCE customer value?
The SCE patent application seeks to capture SCE’s intended use of an AMI system in an attempt to ensure that SCE’s ideas for the use of AMI technology can be used by SCE to provide its utility customers with the value identified in SCE’s $1.7 billion business case and also be made available to others. The patent application includes specific ideas about how SCE plans to use its smart meter system to empower customers to manage their energy and to improve SCE's operational efficiency.
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2. What does SCE’s U.S. patent application cover?
SCE’s business methods patent application with the U.S. Patent Office is for the use of the business processes described in the SCE 2006 AMI use cases within the United States. The patent covers the ways that SCE expects to use its smart meter system to enable its customers to make smarter energy choices. As is typical, the patent application does claim broad business uses for an advanced metering system. The patent process will determine whether or not SCE has developed new uses for an advanced metering system that satisfy the requirements for a patent.
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3. What does SCE’s U.S. patent application NOT cover?
The patent does not cover the design of the underlying AMI technology. This is a U.S. patent, which means it does not cover international uses of advanced metering technologies.
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4. Who owns the rights associated with the AMI Use Case patent application?
If approved, Southern California Edison will have all rights to the patent. Although individuals were named as inventors on the patent application, as required by patent law, all of the inventors named were employees of SCE. Keeping with SCE's employment practices, these employees made assignments prior to the patent application, making SCE the patent owner. If the patent is issued, licensees will be able to continue to use the patent since SCE has agreed to this as part of its license agreement.
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5. What is the status of SCE’s AMI Use Case patent application?
SCE’s patent application has not yet been granted. The U.S. Patent Office is currently reviewing the SCE application, and action is expected by the fourth quarter of 2009. SCE is not aware of any existing challenges to its patent application at this time, and expects the application process will uncover existing prior claims, if any.
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6. When did SCE file a patent application for the use cases?
SCE’s initial development of ideas for use of an AMI system began in late 2004. SCE developed its application filing in 2005, and filed a provisional patent in January 2006. The final patent application was filed in early 2007.
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7. Does SCE's AMI Use Case patent apply internationally?
SCE's AMI Use Case patent was filed with the U.S. Patent office. SCE does not intend to apply for any foreign patents since the primary purpose of the U.S. patent application is to protect SCE's use of the Edison SmartConnect system to enable its Southern California customers to manage their energy wisely and to improve SCE’s operational efficiency. A U.S. Patent allows SCE to accomplish these objectives.
SCE is offering an open source license to international firms that may have uses in the U.S. and the use of SCE’s copyrighted material for use outside the U.S., subject to applicable U.S. export restrictions.
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8. What does SCE’s licensing agreement cover?
SCE’s license agreement is a non-exclusive, world-wide, royalty-free license for others to use its copyrighted 2006 AMI use cases, and if a U.S. patent is granted, for the royalty-free use of the processes covered by the patent. The final license agreement will apply retroactively to the completion date of the use cases, deemed to be May 5, 2006.
In the spirit of open innovation, SCE solicited industry comments for its license agreement. The agreement is available for review and acceptance on SCE's website at: www.sce.com/usecases.
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9. Does SCE’s draft license constrain further development of AMI?
No, SCE’s proposed license does not constrain development of new or different uses of an AMI system or AMI technologies. The non-exclusive royalty-free license is written so that the SCE 2006 AMI Use Cases can be used by others in developing either proprietary or open source derivative works, since there is no requirement that the derivative works be made available on an open source basis.
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10. How does filing a protective patent fit with an open source approach?
In 2005, SCE proposed an Open Source approach to the development of its next generation advanced metering system, now called Edison SmartConnect, in its application with the CPUC. The Open Source approach involved filing a patent for the use cases and allowing others to use the use cases under a royalty free license agreement.
At the time SCE began to develop the use cases, there was no recognized neutral depository for open source materials related to AMI. As a result, SCE determined that a patent filing was the best way to make the use cases available to the public quickly and in a way that would establish the creation date for the use cases. SCE filed a provisional patent for the use cases in 2006 and later filed a non-provisional application. SCE wanted to ensure its customers could realize the full value from its AMI investment and also wanted to ensure others could do likewise. This commitment to open source is demonstrated by SCE’s offer of a non exclusive royalty free license to anyone worldwide. SCE has reviewed its process patent application and open source license approach with the California Public Utilities Commission’s Energy Division and Division of Ratepayer Advocacy.
SCE continues to practice open innovation and to support the development of open source materials and open standards. Recently, SCE has been active in its pursuit of the Smart Grid Open Source Repository.
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11. Why did SCE file a patent application rather than just publishing its use cases?
SCE filed a patent application for multiple reasons. First, the effective date of the public disclosure for SCE’s patent application against others patenting the SCE processes is when the application was first filed in the Patent Office. That is sooner than SCE could achieve by publishing a paper.
Second, proving the existence of the use cases is easier with a patent application than publishing the use cases on SCE’s web site. No live witness will be needed to prove what was filed with the U.S. Patent Office. SCE would need a live witness to prove what was published on the SCE web site and when it was published. An industry open source repository would resolve both of these.
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12. What is the Smart Grid Open Source repository?
EPRI has proposed the development of an open source repository with IEEE - creating an industry-wide lending library, for ideas, processes, whitepapers and other material to facilitate the development of an open SmartGrid. SCE and other utilities support EPRI’s goal to have this established in 2008. Such a repository would address the need for protective process patent applications. SCE will not seek patent protection on its 100 new Smart Grid use cases under development (including recent Plug in Vehicle ‘PEV’ cases), and instead plans to publish to the Repository.
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13. Who invented AMI?
AMI came about through an international industry collaborative process that continues to evolve today. SCE is a contributor to this process and has been for over 20 years. SCE does not claim to have invented AMI.
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14. What is a “use case”?
A use case results from the application of a rigorous method for identifying necessary functionality and vendor product requirements. SCE developed a wide range of use cases that describe how a smart metering system could be used to create value for customers. For example, how energy information could be sent from the meter to a customer’s in-home energy display.
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15. Where can I find SCE’s patent application?
SCE’s U.S. Patent application (20080177678), has been published on the U.S. Patent and Trademark Office website. View the application.
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