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   IPR WG                                                               
   Internet Draft                                       V. See (editor) 
   Document: draft-ietf-ipr-template-01.txt                   Microsoft 
   Expires: November 22, 2003                              May 22, 2003 
    
    
     A Template for IETF Patent Disclosures and Licensing Declarations 
    
    
Status of this Memo 
    
   This document is an Internet-Draft and is in full conformance with 
   all provisions of Section 10 of RFC2026 [i]. <Editorial comment - 
   insert updated boilerplate in conformance with Bradner submission-
   rights document.> 
    
   Internet-Drafts are working documents of the Internet Engineering 
   Task Force (IETF), its areas, and its working groups.  Note that      
   other groups may also distribute working documents as Internet-
   Drafts. 
    
   Internet-Drafts are draft documents valid for a maximum of six months
   and may be updated, replaced, or obsoleted by other documents at any 
   time.  It is inappropriate to use Internet-Drafts as reference 
   material or to cite them other than as "work in progress." 
    
   The list of current Internet-Drafts can be accessed at 
        http://www.ietf.org/ietf/1id-abstracts.txt 
   The list of Internet-Draft Shadow Directories can be accessed at 
        http://www.ietf.org/shadow.html. 
    
    
Abstract 
    
   This document describes a template for IETF patent disclosures and 
   licensing declarations. Such a template may be used to inform the 
   IETF of patent information regarding all types of IETF documents, and
   licensing information regarding IETF standards-track documents. The 
   optional use of this template is meant to simplify the process of 
   such disclosures and licensing declarations and to assist disclosers 
   in providing the necessary information to meet the obligations 
   documented in <insert pointer to Bradner technology-rights RFC here>. 
    
    
    
    
    
    
    
    
 
 
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Table of Contents 
    
   1. Introduction...................................................2 
   2. The Patent Disclosure and Licensing Declaration Template.......2 
   3. Commentary on Terms used in the Template.......................5 
   Security Considerations...........................................6 
   References........................................................7 
   Acknowledgments...................................................7 
   Authors' Addresses................................................7 
   Full Copyright statement..........................................8 
    
    
1. Introduction 
    
   RFC XXXX [ii] <RFC Editor - please substitute Bradner technology-
   rights RFC number here> documents the current IETF policies and 
   obligations with respect to disclosure of patents and patent 
   applications. It also documents the information requested in 
   licensing declarations for IETF Proposed Standards, Draft Standards, 
   and Standards. In the interest of making these patent disclosure and
   licensing declaration processes simpler, this document proposes a 
   patent disclosure and licensing declaration template that may be 
   optionally used as one method for IETF participants and patent 
   holders to comply with patent disclosure requirements and licensing 
   declaration provisions under RFC XXXX. For the latest information on
   how to submit a patent disclosure or licensing declaration, please 
   see <insert URL for submission information here - same as in 
   technology-rights (RFC XXXX)>. 
    
    
2. The Patent Disclosure and Licensing Declaration Template 
    
   <START OF TEMPLATE> 
    
   This document is an IETF Patent Disclosure and Licensing Declaration 
   Template and is submitted to inform the IETF of a) patent information
   regarding the IETF document listed in Section IV, and b) licensing 
   information in cases where such listed document is or becomes an IETF
   standards track document or where the Patent Holder elects to provide
   this licensing information for a non-standards track document. No 
   actual license is implied by submission of this template. Please 
   complete and submit a separate template for each IETF document. 
    
   I. Patent Holder/Organization ("Patent Holder") 
    
   Legal Name:  
    
   II. Patent Holder's Contact for License Application 
    
 
 
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   Name:  
    
   Department:  
    
   Address:  
    
    
   Telephone:  
    
   Fax:  
    
   Email:  
    
   III. Contact Information for the IETF Participant Whose Personal 
   Belief Triggered the Disclosure in this Template (Optional): 
    
   Name:  
    
   Department:  
    
   Address:  
    
    
   Telephone:  
    
   Fax:  
    
   Email:  
    
   IV. IETF Document or Working Group Contribution to Which Patent 
   Disclosure Relates 
    
    
   Title:  
    
    
   RFC Number or I-D Tag:  
    
    
   Other Designations:  
    
    
   V. Disclosure of Patent Information (i.e., patents or patent 
   applications required to be disclosed by Section 6 of RFC XXXX 
   [insert reference to Bradner's technology-rights document.] 
    
   A. For granted patents or published pending patent applications,
   please provide the following information: 
    
 
 
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   Patent, Serial, Publication, Registration, or Application/File 
   number(s): 
    
    
   Date(s) granted or applied for:  
    
    
   B. Does your disclosure relate to an unpublished pending patent 
   application? 
    
   Select one:  Yes  ______  No ______ 
    
   C. The discloser of the above patent information acknowledges that 
   the discloser will file a new copy of this template to provide an 
   update (if any) in the status of a disclosed patent application that 
   has been published or granted. The discloser should also withdraw its
   disclosure of a patent application that is abandoned.______ 
    
   D. If an Internet-Draft or RFC includes multiple parts and it is not 
   reasonably apparent which part of such Internet-Draft or RFC is 
   alleged to be covered by the information disclosed in IV(A) or IV(B), 
   the discloser should identify here the sections of the Internet-Draft
   or RFC that are alleged to be so covered.  
    
    
    
   VI. Licensing Declaration for IETF Proposed Standards, Draft 
   Standards, or Standards (or for non-standards-track IETF documents at
   the election of the Patent Holder): 
    
   If the IETF Document referenced in Section IV above is or becomes an 
   IETF Standards Track document (or if the Patent Holder elects to make
   a licensing declaration with respect to a non-Standards Track 
   document), the Patent Holder states that its position with respect to
   licensing any patent claims contained in the patent(s) or patent 
   application(s) disclosed above that would be necessary to implement 
   the technology required by the IETF Proposed Standard, Draft 
   Standard, or Standard (or other IETF document)("Patent Claims") is as
   follows (select one option only): 
    
   ___   No License Required for Implementers 
    
   ___   Royalty-Free, Reasonable and Non-Discriminatory License to All
         Implementers  
    
   ___   Reasonable and Non-Discriminatory License to All Implementers
         with Possible Royalty/Fee 
    
   ___   Licensing Declaration to be Provided Later (implies a  
 
 
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         willingness to license in some form to all implementers;  
         otherwise, "Unwilling to License to All Implementers" must be  
         selected) 
    
   ___   Unwilling to License to All Implementers 
    
   NOTE: The individual submitting this template represents and warrants
   that he or she is authorized by the Patent Holder to agree to the 
   above-selected licensing declaration. 
    
   VII. Contact Information of Submitter of this Form (if different from
   IETF Participant in Section IV above) 
    
   Name: 
    
   Title: 
    
   Department: 
    
   Address: 
    
    
   Telephone: 
    
   Fax: 
    
   Email: 
    
   VIII. Other Notes: 
    
    
    
    
    
    
   <END OF TEMPLATE> 
    
    
3. Commentary on Terms used in the Template 
    
   The "Other Designations" field in Section IV "IETF Document" may be 
   used to identify relevant IETF working group materials (oral or 
   written) other than an Internet-Draft or RFC to which a disclosure is
   related. 
    
   Section III requests contact information for the Patent HolderĘs IETF 
   Participant whose personal belief that necessary patent claims were 
   implicated by an IETF document or discussion caused this template to 
   be filed. This is an optional section. However, if Section III is not
 
 
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   completed, then Section VII must be completed. Even if Section III is
   completed, Section VII must still be completed if the submitter of 
   this template is different from the IETF participant identified in 
   Section III. 
    
   Section VIII in the template, "Other Notes," may be used for any 
   additional information a discloser or Patent Holder wishes to 
   provide. 
    
   Here is an explanation of the licensing declaration options in 
   Section VI of the template: 
    
   a) No License Required for Implementers: The Patent Holder does not 
   require parties to acquire any license to its Patent Claims in order
   to implement the IETF Proposed Standard, Draft Standard, or Standard.
     
   b) Royalty-Free, Reasonable and Non-Discriminatory License to All 
   Implementers: The Patent Holder will, upon request, grant a license 
   to its Patent Claims to all implementers of the IETF Proposed 
   Standard, Draft Standard, or Standard on a royalty-free basis (i.e., 
   no royalty or other fee) and under reasonable and non-discriminatory
   terms.  
     
   c) Reasonable and Non-Discriminatory License to All Implementers with
   Possible Royalty/Fee: The Patent Holder will, upon request, grant a 
   license to its Patent Claims to all implementers of the IETF Proposed
   Standard, Draft Standard, or Standard under reasonable and non-
   discriminatory terms (which may include a royalty/fee). 
    
   d) Licensing Declaration to be Provided Later (implies a willingness
   to license in some form to all implementers): The Patent Holder is 
   willing to license its Patent Claims in some form to all implementers
   of the IETF Proposed Standard, Draft Standard, or Standard, but wants
   to defer the declaration of its licensing type until a later point in
   time (or when asked for this information by the IESG). This option 
   may not be selected if the Patent Holder is unwilling to license its
   Patent Claims. 
    
   e) Unwilling to License to All Implementers: The Patent Holder 
   refuses to license its Patent Claims to all implementers of the IETF
   Proposed Standard, Draft Standard, or Standard, except on an 
   implementer-by-implementer basis, in its sole discretion. 
    
    
    
Security Considerations 
    
   This document relates to IETF process, not any particular technology.
   There are security considerations when adopting any particular 
 
 
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   technology, regardless of whether patents and patent applications or
   licensing disclosures are implicated by such technology. A working 
   group should take those security considerations into account as one
   part of evaluating the technology, but there are no security 
   considerations per se with these IETF processes. 
    
    
References 
    
                     
   i  Bradner, S., "The Internet Standards Process -- Revision 3", BCP 
      9, RFC 2026, October 1996. 
    
   ii  Bradner, S., "Intellectual Property Rights in IETF Technology", 
      RFC XXXX, <month> 2003. 
    
Acknowledgments 
    
   The authors acknowledge the thoughtful contributions of Harald 
   Alvestrand and Scott Bradner to this document. 
    
Authors' Addresses 
    
   Valerie See 
   Microsoft Corporation 
   One Microsoft Way, Redmond, WA 98052 USA 
   Email: vsee@microsoft.com 
    
   Robert Barr 
   Cisco Systems, Inc. 
   170 West Tasman Drive, San Jose, CA 95134 USA 
   Email: rbarr@cisco.com 
    
   Scott Brim 
   Cisco Systems, Inc. 
   146 Honess Lane, Ithaca, NY 14850 USA 
   Email: sbrim@cisco.com 
    
   Paul Gleichauf 
   Cisco Systems, Inc. 
   170 West Tasman Drive, San Jose, CA 95134 USA 
   Email: phg@cisco.com 
    
   Allen Lo 
   Juniper Networks 
   1194 North Mathilda Ave., Sunnyvale, CA 94089 USA 
   Email: alo@juniper.net 
    

 
 
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Full Copyright statement 
 
   Copyright (C) The Internet Society (2003).  Except as set forth 
   below, authors retain all their rights. 
    
   This document and translations of it may be copied and furnished to 
   others, and derivative works that comment on or otherwise explain it 
   or assist in its implementation may be prepared, copied, published 
   and distributed, in whole or in part, without restriction of any 
   kind, provided that the above copyright notice and this paragraph are 
   included on all such copies and derivative works.  However, this 
   document itself may not be modified in any way, such as by removing 
   the copyright notice or references to the Internet Society or other 
   Internet organizations, except as needed for the purpose of 
   developing Internet standards in which case the procedures for rights 
   in submissions defined in the Internet Standards process must be 
   followed, or as required to translate it into languages other than 
   English. 
    
   The limited permissions granted above are perpetual and will not be 
   revoked by the Internet Society or its successors or assigns. 
    
   THIS DOCUMENT AND THE INFORMATION CONTAINED HEREIN IS PROVIDED ON AN 
   "AS IS" BASIS AND THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS 
   (IF ANY), THE INTERNET SOCIETY AND THE INTERNET ENGINEERING TASK 
   FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT 
   LIMITED TO ANY WARRANTY THAT THE USE OF THE INFORMATION HEREIN WILL 
   NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY 
   OR FITNESS FOR A PARTICULAR PURPOSE. 
    



















 
 
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