One document matched: draft-ietf-ipr-template-04.txt
Differences from draft-ietf-ipr-template-03.txt
IPR WG
Internet Draft V. See (editor)
Document: draft-ietf-ipr-template-04.txt Microsoft
Expires: December 12, 2003 June 12, 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].
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. 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 RFC XXXX [ii].
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Patent Disclosure and Licensing Declaration Template June 12, 2003
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...........................................7
References........................................................7
Acknowledgments...................................................7
Authors' Addresses................................................7
Full Copyright statement..........................................8
1. Introduction
RFC XXXX [ii] 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 specifications. 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 http://www.ietf.org/ipr-instructions.
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 or contribution listed in Section IV, and
b) a Patent Holder's intention with respect to the licensing of its
necessary patent claims upon approval by the IESG for publication as
an RFC of the relevant IETF specification. No actual license is
implied by submission of this template. Please complete and submit a
separate template for each IETF document or contribution to which the
disclosed patent information relates.
I. Patent Holder/Organization ("Patent Holder")
Legal Name:
II. Patent Holder's Contact for License Application
Name:
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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)
A. For granted patents or published pending patent applications,
please provide the following information:
Patent, Serial, Publication, Registration, or Application/File
number(s):
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Date(s) granted or applied for:
B. Does your disclosure relate to an unpublished pending patent
application?
Select one: Yes ______ No ______
C. 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 Section V(A) or
V(B), the discloser should identify here the sections of the
Internet-Draft or RFC that are alleged to be so covered.
VI. Licensing Declaration
The Patent Holder states that, upon approval by the IESG for
publication as an RFC of the relevant IETF specification, 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 such IETF
specification ("Patent Claims") is as follows (select one licensing
declaration option only):
a) ___ No License Required for Implementers
Check here if this licensing declaration is limited solely
to standards-track IETF documents ___
b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to
All Implementers
Check here if this licensing declaration is limited solely
to standards-track IETF documents ___
c) ___ Reasonable and Non-Discriminatory License to All
Implementers with Possible Royalty/Fee
Check here if this licensing declaration is limited solely
to standards-track IETF documents ___
d) ___ Licensing Declaration to be Provided Later (implies a
willingness to license in some form to all implementers;
otherwise, "Unwilling to License to All Implementers" must
be selected)
e) ___ Unwilling to Commit to the Provisions of a), b), or c)
Above
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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 III above)
Name:
Title:
Department:
Address:
Telephone:
Fax:
Email:
VIII. Other Notes:
END OF TEMPLATE
3. Commentary on Terms used in the Template
Section III requests contact information for the Patent Holder's 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
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.
The "Other Designations" field in Section IV 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.
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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 specification.
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 specification 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
specification 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 specification, 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 Commit to the Provisions of a), b), or c) Above: The
Patent Holder indicates an unwillingness to commit to the provisions
of any of options a), b), or c) described above.
Options a), b) and c) above also allow the Patent Holder to indicate
(with a check) whether its licensing declaration is limited solely to
standards-track documents. If left unchecked, the Patent Holder's
licensing declaration will be deemed to apply to all IETF documents,
including non-standards-track documents. This standards-track
qualifier is not relevant to licensing declaration options d) and e),
because under d) the Patent Holder has not yet indicated its specific
licensing intention and under e) the Patent Holder has indicated a
general refusal to license under the provisions of any of options a),
b) or c) above.
Section VIII in the template, "Other Notes," may be used for any
additional information a discloser or Patent Holder wishes to
provide. For example, a Patent Holder may use the "Other Notes"
Section to indicate any other conditions on the licensing declaration
option selected in Section VI (e.g., reciprocity).
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Security Considerations
This document relates to IETF process, not any particular technology.
There are security considerations when adopting any particular
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
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Allen Lo
Juniper Networks
1194 North Mathilda Ave., Sunnyvale, CA 94089 USA
Email: alo@juniper.net
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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