IPR WG
   Internet Draft                                       V. See (editor)
   Document: draft-ietf-ipr-template-02.txt draft-ietf-ipr-template-03.txt                   Microsoft
   Expires: November 29, December 5, 2003                              May 29,                               June 5, 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>. XXXX [ii].

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 Considerations...........................................7
   References........................................................7
   Acknowledgments...................................................7
   Authors' Addresses................................................7
   Full Copyright statement..........................................7 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. 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 <insert URL for submission information here - same as in
   technology-rights (RFC XXXX)>. http://www.ietf.org/ipr-instructions.

2.   The Patent Disclosure and Licensing Declaration Template

   <START

   START OF TEMPLATE> 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) licensing
   information in cases where such listed document is or becomes an IETF
   standards track document or where the a Patent Holder elects Holder's intention with respect to provide
   this the licensing information of its
   necessary patent claims upon approval by the IESG for a non-standards track document. 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. 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:

   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.] XXXX)

   A. For granted patents or published pending patent applications,
   please provide the following information:

   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. 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) Section V(A) or IV(B),
   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 for IETF Proposed Standards, Draft
   Standards, or Standards (or for non-standards-track IETF documents at
   the election of the

   The Patent Holder):

   If Holder states that, upon approval by the IETF Document referenced in Section IV above is or becomes IESG for
   publication as an
   IETF Standards Track document (or if the Patent Holder elects to make
   a licensing declaration with respect to a non-Standards Track
   document), RFC of the Patent Holder states that 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 the IETF Proposed Standard, Draft
   Standard, or Standard (or other such IETF document)("Patent
   specification ("Patent Claims") is as follows (select one licensing
   declaration option only):

   ___   No License Required for Implementers
            Check here if this licensing declaration is limited solely
            to standards-track IETF documents ___

   ___   Royalty-Free, Reasonable and Non-Discriminatory License to All
         Implementers
            Check here if this licensing declaration is limited solely
            to standards-track IETF documents ___

   ___   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 ___

   ___   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
   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 III above)

   Name:

   Title:

   Department:

   Address:

   Telephone:

   Fax:

   Email:

   VIII. Other Notes:

   <END

   END OF TEMPLATE> 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 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.

   Section VIII in the template,

   The "Other Notes," Designations" field in Section IV may be used for any
   additional information a discloser to identify
   relevant IETF working group materials (oral or Patent Holder wishes written) other than an
   Internet-Draft or RFC to
   provide. which a disclosure is related.

   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. 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 Proposed
   Standard, Draft Standard, or Standard 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 Proposed
   Standard, Draft Standard, or Standard
   specification under reasonable and non-
   discriminatory 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, 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 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,
   specification, except on an implementer-by-implementer basis, in its
   sole discretion.

   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.

   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).

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
   Allen Lo
   Juniper Networks
   1194 North Mathilda Ave., Sunnyvale, CA 94089 USA
   Email: alo@juniper.net

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