IPR WG Internet-Draft V. See (editor) Document:
draft-ietf-ipr-template-06.txtdraft-ietf-ipr-template-07.txt Microsoft Expires: February 11,19, 2004 August 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. 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. 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 Normative References..............................................7 Acknowledgments...................................................7 Authors' Addresses................................................7 Intellectual Property Statement...................................8 Full Copyright statement..........................................8 1. Introduction RFC XXXX [i] 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.claims. 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/Applicant ("Patent Holder") Legal Name: II. Patent Holder's Contact for License Application Name: Title: Department: Address: Telephone: Fax: Email: III. Contact Information for the IETF Participant Whose Personal Belief Triggered the Disclosure in this Template (Optional): Name: Title: Department: Address: Telephone: Fax: Email: IV. IETF Document or 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): Date(s) granted or applied for:for (dd/mm/yy): 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 patent information disclosed in Section V(A) or V(B), it is helpful if the discloser identifies 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,that its position with respect to licensing any patent claims contained in the patent(s) or patent application(s) disclosed above that would necessarily be infringed by implementation of the technology required by suchthe relevant IETF specification ("Necessary Patent Claims"), for the purpose of implementing thesuch specification, is as follows (select one licensing declaration option only): a) ___ No License Required for Implementers Check here if this licensing declarationcommitment to forgo a license is limited solely to standards-track IETF documentsRFCs ___ b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to All Implementers Check here if this licensing declarationcommitment to license is limited solely to standards-track IETF documentsRFCs ___ c) ___ Reasonable and Non-Discriminatory License to All Implementers with Possible Royalty/Fee Check here if this licensing declarationcommitment to license is limited solely to standards-track IETF documentsRFCs ___ d) ___ Licensing Declaration to be Provided Later (implies a willingness to commit to the provisions of a), b), or c) above to all implementers;above; otherwise, the next option - "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) Above 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 are implicated by an IETF document or contribution 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 an IETF contribution (oral or written) other than an Internet-Draft or RFC to 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 Necessary Patent Claims in order to make, have made, use, import, offer to sell, sell, or distribute technology that implements such IETF specification. b) Royalty-Free, Reasonable and Non-Discriminatory License to All Implementers: The Patent Holder is willing, upon request, to grant a license to its Necessary Patent Claims to all persons on a royalty- free basis (i.e., no royalty or other fee) and under other reasonable and non-discriminatory terms,terms and conditions, to make, have made, use, import, offer to sell, sell, and distribute technology that implements such IETF specification. c) Reasonable and Non-Discriminatory License to All Implementers with Possible Royalty/Fee: The Patent Holder is willing, upon request, to grant a license to its Necessary Patent Claims to all persons under reasonable and non-discriminatory terms and conditions (which may include a royalty/fee), to make, have made, use, import, offer to sell, sell, and distribute technology that implements such IETF specification. d) Licensing Declaration to be Provided Later: The Patent Holder is willing to commit to the provisions of a), b), or c) above to all implementers of the IETF specification,above, but wants to defer its specific selection of one of these licensing declaration options 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 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 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.RFCs. If left unchecked, the Patent Holder's licensing declaration will be deemed to apply to allany implementation of the relevant IETF documents,specification, including non-standards-track documents.documents and Internet-Drafts. However, the Patent Holder may list other conditions or restrictions on its commitment to forego a license (option a)) or on its commitment to license (options b) and c)) in Section VIII - "Other Notes". 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 commit to 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 or restrictions on the licensing declaration option selected in Section VI (e.g., reciprocity).1) reciprocity, or 2) that a license will only be made available for implementations of any RFC (standards-track or non-standards-track), but not for implementations of Internet-Drafts or other documents). Security Considerations This document relates to IETF process, not any particular technology. There are security considerations when adopting any particular technology, regardless of whether patent or patent application disclosures or licensing declarations 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. Normative References i 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 Intellectual Property Statement The IETF takes no position regarding the validity or scope of any intellectual property or other rights that might be claimed to pertain to the implementation or use of the technology described in this document or the extent to which any license under such rights might or might not be available; neither does it represent that it has made any effort to identify any such rights. Information on the IETF's procedures with respect to rights in standards-track and standards-related documentation can be found in BCP-11. Copies of claims of rights made available for publication and any assurances of licenses to be made available, or the result of an attempt made to obtain a general license or permission for the use of such proprietary rights by implementers or users of this specification can be obtained from the IETF Secretariat. The IETF invites any interested party to bring to its attention any copyrights, patents or patent applications, or other proprietary rights which may cover technology that may be required to practice this standard. Please address the information to the IETF Executive Director. 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.