draft-ietf-ipr-template-04.txt   draft-ietf-ipr-template-05.txt 
IPR WG IPR WG
Internet Draft V. See (editor) Internet-Draft V. See (editor)
Document: draft-ietf-ipr-template-04.txt Microsoft Document: draft-ietf-ipr-template-05.txt Microsoft
Expires: December 12, 2003 June 12, 2003 Expires: December 13, 2003 June 13, 2003
A Template for IETF Patent Disclosures and Licensing Declarations A Template for IETF Patent Disclosures and Licensing Declarations
Status of this Memo Status of this Memo
This document is an Internet-Draft and is in full conformance with This document is an Internet-Draft and is in full conformance with
all provisions of Section 10 of RFC2026 [i]. all provisions of Section 10 of RFC2026 [i].
Internet-Drafts are working documents of the Internet Engineering Internet-Drafts are working documents of the Internet Engineering
Task Force (IETF), its areas, and its working groups. Note that Task Force (IETF), its areas, and its working groups. Note that
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disclosed patent information relates. disclosed patent information relates.
I. Patent Holder/Organization ("Patent Holder") I. Patent Holder/Organization ("Patent Holder")
Legal Name: Legal Name:
II. Patent Holder's Contact for License Application II. Patent Holder's Contact for License Application
Name: Name:
Title:
Department: Department:
Address: Address:
Telephone: Telephone:
Fax: Fax:
Email: Email:
III. Contact Information for the IETF Participant Whose Personal III. Contact Information for the IETF Participant Whose Personal
Belief Triggered the Disclosure in this Template (Optional): Belief Triggered the Disclosure in this Template (Optional):
Name: Name:
Title:
Department: Department:
Address: Address:
Telephone: Telephone:
Fax: Fax:
Email: Email:
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Date(s) granted or applied for: Date(s) granted or applied for:
B. Does your disclosure relate to an unpublished pending patent B. Does your disclosure relate to an unpublished pending patent
application? application?
Select one: Yes ______ No ______ Select one: Yes ______ No ______
C. If an Internet-Draft or RFC includes multiple parts and it is not 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 reasonably apparent which part of such Internet-Draft or RFC is
alleged to be covered by the information disclosed in Section V(A) or alleged to be covered by the patent information disclosed in Section
V(B), the discloser should identify here the sections of the V(A) or V(B), it is helpful if the discloser identifies here the
Internet-Draft or RFC that are alleged to be so covered. sections of the Internet-Draft or RFC that are alleged to be so
covered.
VI. Licensing Declaration VI. Licensing Declaration
The Patent Holder states that, upon approval by the IESG for The Patent Holder states that, upon approval by the IESG for
publication as an RFC of the relevant IETF specification, its publication as an RFC of the relevant IETF specification, its
position with respect to licensing any patent claims contained in the position with respect to licensing any patent claims contained in the
patent(s) or patent application(s) disclosed above that would be patent(s) or patent application(s) disclosed above that would be
necessary to implement the technology required by such IETF necessary to implement the technology required by such IETF
specification ("Patent Claims") is as follows (select one licensing specification ("Patent Claims"), for the purpose of implementing the
declaration option only): specification, is as follows (select one licensing declaration option
only):
a) ___ No License Required for Implementers a) ___ No License Required for Implementers
Check here if this licensing declaration is limited solely Check here if this licensing declaration is limited solely
to standards-track IETF documents ___ to standards-track IETF documents ___
b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to
All Implementers All Implementers
Check here if this licensing declaration is limited solely Check here if this licensing declaration is limited solely
to standards-track IETF documents ___ to standards-track IETF documents ___
c) ___ Reasonable and Non-Discriminatory License to All c) ___ Reasonable and Non-Discriminatory License to All
Implementers with Possible Royalty/Fee Implementers with Possible Royalty/Fee
Check here if this licensing declaration is limited solely Check here if this licensing declaration is limited solely
to standards-track IETF documents ___ to standards-track IETF documents ___
d) ___ Licensing Declaration to be Provided Later (implies a d) ___ Licensing Declaration to be Provided Later (implies a
willingness to license in some form to all implementers; willingness to commit to the provisions of a), b), or c)
otherwise, "Unwilling to License to All Implementers" must above to all implementers; otherwise, the next option -
be selected) "Unwilling to Commit to the Provisions of a), b), or c)
Above" - must be selected)
e) ___ Unwilling to Commit to the Provisions of a), b), or c) e) ___ Unwilling to Commit to the Provisions of a), b), or c)
Above Above
NOTE: The individual submitting this template represents and warrants NOTE: The individual submitting this template represents and warrants
that he or she is authorized by the Patent Holder to agree to the that he or she is authorized by the Patent Holder to agree to the
above-selected licensing declaration. above-selected licensing declaration.
VII. Contact Information of Submitter of this Form (if different from VII. Contact Information of Submitter of this Form (if different from
IETF Participant in Section III above) IETF Participant in Section III above)
Name: Name:
Title: Title:
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Email: Email:
VIII. Other Notes: VIII. Other Notes:
END OF TEMPLATE END OF TEMPLATE
3. Commentary on Terms used in the Template 3. Commentary on Terms used in the Template
Section III requests contact information for the Patent Holder's IETF Section III requests contact information for the Patent Holder's IETF
Participant whose personal belief that necessary patent claims were participant whose personal belief that necessary patent claims are
implicated by an IETF document or discussion caused this template to implicated by an IETF document or contribution caused this template
be filed. This is an optional section. However, if Section III is not to be filed. This is an optional section. However, if Section III is
completed, then Section VII must be completed. Even if Section III is not completed, then Section VII must be completed. Even if Section
completed, Section VII must still be completed if the submitter of III is completed, Section VII must still be completed if the
this template is different from the IETF participant identified in submitter of this template is different from the IETF participant
Section III. identified in Section III.
The "Other Designations" field in Section IV may be used to identify The "Other Designations" field in Section IV may be used to identify
relevant IETF working group materials (oral or written) other than an an IETF working group contribution (oral or written) other than an
Internet-Draft or RFC to which a disclosure is related. Internet-Draft or RFC to which a disclosure is related.
Here is an explanation of the licensing declaration options in Here is an explanation of the licensing declaration options in
Section VI of the template: Section VI of the template:
a) No License Required for Implementers: The Patent Holder does not a) No License Required for Implementers: The Patent Holder does not
require parties to acquire any license to its Patent Claims in order require parties to acquire any license to its Patent Claims in order
to implement the IETF specification. to implement the IETF specification.
b) Royalty-Free, Reasonable and Non-Discriminatory License to All b) Royalty-Free, Reasonable and Non-Discriminatory License to All
Implementers: The Patent Holder will, upon request, grant a license Implementers: The Patent Holder is willing, upon request, to grant a
to its Patent Claims to all implementers of the IETF specification on license to its Patent Claims to all implementers of the IETF
a royalty-free basis (i.e., no royalty or other fee) and under specification on a royalty-free basis (i.e., no royalty or other fee)
reasonable and non-discriminatory terms. and under reasonable and non-discriminatory terms.
c) Reasonable and Non-Discriminatory License to All Implementers with c) Reasonable and Non-Discriminatory License to All Implementers with
Possible Royalty/Fee: The Patent Holder will, upon request, grant a Possible Royalty/Fee: The Patent Holder is willing, upon request, to
license to its Patent Claims to all implementers of the IETF grant a license to its Patent Claims to all implementers of the IETF
specification under reasonable and non-discriminatory terms (which specification under reasonable and non-discriminatory terms (which
may include a royalty/fee). may include a royalty/fee).
d) Licensing Declaration to be Provided Later (implies a willingness d) Licensing Declaration to be Provided Later: The Patent Holder is
to license in some form to all implementers): The Patent Holder is willing to commit to the provisions of a), b), or c) above to all
willing to license its Patent Claims in some form to all implementers implementers of the IETF specification, but wants to defer its
of the IETF specification, but wants to defer the declaration of its specific selection of one of these licensing declaration options
licensing type until a later point in time (or when asked for this until a later point in time (or when asked for this information by
information by the IESG). This option may not be selected if the the IESG). This option may not be selected if the Patent Holder is
Patent Holder is unwilling to license its Patent Claims. unwilling to commit to the provisions of a), b), or c) above. In that
case, the Patent Holder must select licensing declaration option e) -
"Unwilling to Commit to the Provisions of a), b), or c) Above".
e) Unwilling to Commit to the Provisions of a), b), or c) Above: The e) Unwilling to Commit to the Provisions of a), b), or c) Above: The
Patent Holder indicates an unwillingness to commit to the provisions Patent Holder indicates an unwillingness to commit to the provisions
of any of options a), b), or c) described above. of any of options a), b), or c) described above.
Options a), b) and c) above also allow the Patent Holder to indicate Options a), b), and c) above also allow the Patent Holder to indicate
(with a check) whether its licensing declaration is limited solely to (with a check) whether its licensing declaration is limited solely to
standards-track documents. If left unchecked, the Patent Holder's standards-track documents. If left unchecked, the Patent Holder's
licensing declaration will be deemed to apply to all IETF documents, licensing declaration will be deemed to apply to all IETF documents,
including non-standards-track documents. This standards-track including non-standards-track documents. This standards-track
qualifier is not relevant to licensing declaration options d) and e), qualifier is not relevant to licensing declaration options d) and e),
because under d) the Patent Holder has not yet indicated its specific because under d) the Patent Holder has not yet indicated its specific
licensing intention and under e) the Patent Holder has indicated a licensing intention and under e) the Patent Holder has indicated a
general refusal to license under the provisions of any of options a), general refusal to commit to the provisions of any of options a), b),
b) or c) above. or c) above.
Section VIII in the template, "Other Notes," may be used for any Section VIII in the template, "Other Notes," may be used for any
additional information a discloser or Patent Holder wishes to additional information a discloser or Patent Holder wishes to
provide. For example, a Patent Holder may use the "Other Notes" provide. For example, a Patent Holder may use the "Other Notes"
Section to indicate any other conditions on the licensing declaration Section to indicate any other conditions on the licensing declaration
option selected in Section VI (e.g., reciprocity). option selected in Section VI (e.g., reciprocity).
Security Considerations Security Considerations
This document relates to IETF process, not any particular technology. This document relates to IETF process, not any particular technology.
There are security considerations when adopting any particular There are security considerations when adopting any particular
technology, regardless of whether patents and patent applications or technology, regardless of whether patent or patent application
licensing disclosures are implicated by such technology. A working disclosures or licensing declarations are implicated by such
group should take those security considerations into account as one technology. A working group should take those security considerations
part of evaluating the technology, but there are no security into account as one part of evaluating the technology, but there are
considerations per se with these IETF processes. no security considerations per se with these IETF processes.
References References
i Bradner, S., "The Internet Standards Process -- Revision 3", BCP i Bradner, S., "The Internet Standards Process -- Revision 3", BCP
9, RFC 2026, October 1996. 9, RFC 2026, October 1996.
ii Bradner, S., "Intellectual Property Rights in IETF Technology", ii Bradner, S., "Intellectual Property Rights in IETF Technology",
RFC XXXX, <month> 2003. RFC XXXX, <month> 2003.
Acknowledgments Acknowledgments
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