IPR WG Internet Draft V. See (editor) Document:
draft-ietf-ipr-template-02.txtdraft-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-rightsRFC 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...........................................6Considerations...........................................7 References........................................................7 Acknowledgments...................................................7 Authors' Addresses................................................7 Full Copyright statement..........................................7statement..........................................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 <STARTSTART 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 thea Patent Holder electsHolder's intention with respect to provide thisthe licensing informationof 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 theThe Patent Holder): IfHolder states that, upon approval by the IETF Document referenced in Section IV above is or becomesIESG 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 thatrelevant 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 othersuch IETF document)("Patentspecification ("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 IVIII above) Name: Title: Department: Address: Telephone: Fax: Email: VIII. Other Notes: <ENDEND 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 HolderĘsHolder'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 discloserto identify relevant IETF working group materials (oral or Patent Holder wisheswritten) 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 Standardspecification 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 Standardspecification under reasonable and non- discriminatorynon-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: email@example.com Robert Barr Cisco Systems, Inc. 170 West Tasman Drive, San Jose, CA 95134 USA Email: firstname.lastname@example.org Scott Brim Cisco Systems, Inc. 146 Honess Lane, Ithaca, NY 14850 USA Email: email@example.com Paul Gleichauf Cisco Systems, Inc. 170 West Tasman Drive, San Jose, CA 95134 USA Email: firstname.lastname@example.org Allen Lo Juniper Networks 1194 North Mathilda Ave., Sunnyvale, CA 94089 USA Email: email@example.com Full Copyright statement Copyright (C) The Internet Society (2003). Except as set forth below, authors retain all their rights. 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