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   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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