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Versions: 00 01 02 03 04 05 06 07 08 09 RFC 3905

   IPR WG
   Internet Draft                                       V. See (editor)
   Document: draft-ietf-ipr-template-00.txt                   Microsoft
   Expires: November 1, 2003                                May 1, 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 for all 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 to assist disclosers in providing the necessary
   information to meet the obligations documented in <insert pointer to
   Bradner technology-rights RFC here>.


Conventions used in this document

   The key words "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT",
   "SHOULD", "SHOULD NOT", "RECOMMENDED",  "MAY", and "OPTIONAL" in this
   document are to be interpreted as described in RFC-2119 [ii].



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         Patent Disclosure and Licensing Declaration Template May 1 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...........................................5
   References........................................................6
   Acknowledgments...................................................6
   Authors' Addresses................................................6
   Full Copyright statement..........................................7


1. Introduction

   RFC XXXX [iii] <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 containing patent claims that a patent holder believes
   would be necessary to implement the technology required in an
   Internet-Draft or RFC. It also documents the information requested in
   licensing declarations for IETF Standards, Proposed Standards, and
   Draft Standards. In the interest of making these disclosure processes
   simpler for patent holders, this document proposes a patent
   disclosure and licensing declaration template that may be optionally
   used as one method for patent holders to fulfill their obligations
   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 patent information
   for all IETF documents, and licensing information regarding IETF
   Standards Track documents. No actual license is implied by submission
   of this document. Please complete and submit a separate template for
   each IETF document.

   I. Patent Holder/Organization ("Patent Holder")

   Legal Name:

   II. Patent HolderÆs Contact for License Application

   Name:


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   Department:

   Address:


   Telephone:


   Fax:


   Email:

   III. IETF Document


   Title:


   RFC Number or I-D Tag:


   Other Designations:


   IV. 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:

   Patent, Serial, Publication, Registration, or Application/File
   numbers:


   Date(s) granted or applied for:


   B. Does your disclosure relate to an unpublished pending patent
   application?

   Select one:  Yes  ______  No ______

   C. Please check here to acknowledge that, if requested by an IETF
   working group or the IESG, the Patent Holder will file a new copy of
   this template to provide an update (if any) in the status of the
   disclosed patent application or patent, such as whether the patent


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   application or patent has been published, granted, abandoned, or is
   no longer applicable to the IETF Document.     ______

   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.



   V. Licensing Declaration for IETF Standards, Proposed Standards, or
   Draft Standards:

   If the IETF Document referenced in III above is or becomes an IETF
   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 the Patent
   Holder believes would be necessary to implement the technology
   required by the IETF Standard, Proposed Standard, or Draft Standard
   ("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
         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


   VI. Other Notes:






   <END OF TEMPLATE>





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3. Commentary on Terms used in the Template

   Section VI in the template, "Other Notes," may be used for any
   additional information a discloser wishes to provide.

   Here is an explanation of the licensing declaration options in
   Section V 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 Standard, Proposed Standard, or Draft 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 Standard,
   Proposed Standard, or Draft 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
   Standard, Proposed Standard, or Draft 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 Standard, Proposed Standard, or Draft 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
   Standard, Proposed Standard, or Draft 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
   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



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   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., "Key words for use in RFCs to Indicate Requirement
      Levels", BCP 14, RFC 2119, March 1997

   iii  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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