draft-ietf-ipr-template-09.txt   rfc3905.txt 
IPR WG Network Working Group V. See, Ed.
Internet-Draft V. See (editor) Request for Comments: 3905 Microsoft
Document: draft-ietf-ipr-template-09.txt Microsoft Category: Informational September 2004
Expires: October 28, 2004 April 2004
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
By submitting this Internet-Draft, I certify that any applicable This memo provides information for the Internet community. It does
patent or other IPR claims of which I am aware have been disclosed, not specify an Internet standard of any kind. Distribution of this
and any of which I become aware will be disclosed, in accordance with memo is unlimited.
RFC 3668.
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.
This Internet-Draft will expire on October 2, 2004
Copyright Notice Copyright Notice
Copyright (C) The Internet Society 2004. All Rights Reserved. Copyright (C) The Internet Society (2004).
Abstract Abstract
This document describes a proposal for one form of a template for This document describes a proposal for one form of a template for
IETF patent disclosures and licensing declarations. The optional use IETF patent disclosures and licensing declarations. The optional use
of this template is meant to simplify the process of such disclosures of this template is meant to simplify the process of such disclosures
and licensing declarations and to assist disclosers in providing the and licensing declarations and to assist disclosers in providing the
necessary information to meet the obligations documented in RFC 3668. necessary information to meet the obligations documented in RFC 3668.
Table of Contents Table of Contents
1. Introduction...................................................2 1. Introduction................................................... 1
2. The Patent Disclosure and Licensing Declaration Template.......2 2. The Patent Disclosure and Licensing Declaration Template.......2
3. Commentary on Terms Used in the Template.......................6 3. Commentary on Terms Used in the Template....................... 5
Security Considerations...........................................7 4. Security Considerations........................................ 7
Normative References..............................................7 5. Normative References........................................... 7
Acknowledgments...................................................8 6. Acknowledgments................................................ 7
Authors' Addresses................................................8 7 Editor's Address............................................... 8
Intellectual Property Statement...................................8 8. Authors' Addresses............................................. 8
Disclaimer of Validity............................................9 9. Full Copyright Statement....................................... 9
Copyright Statement...............................................9
1. Introduction 1. Introduction
RFC 3668 [i] documents the current IETF policies and obligations with RFC 3668 [RFC3668] documents the current IETF policies and
respect to disclosure of patents and patent applications. It also obligations with respect to disclosure of patents and patent
documents the information requested in licensing declarations for applications. It also documents the information requested in
IETF specifications. In the interest of making these patent licensing declarations for IETF specifications. In the interest of
disclosure and licensing declaration processes simpler, this document making these patent disclosure and licensing declaration processes
proposes a patent disclosure and licensing declaration template that simpler, this document proposes a patent disclosure and licensing
may be optionally used as one method for IETF participants and patent declaration template that may be optionally used as one method for
holders to comply with patent disclosure requirements and licensing IETF participants and patent holders to comply with patent disclosure
declaration provisions under RFC 3668. This proposal also may be requirements and licensing declaration provisions under RFC 3668.
optionally used as a model by the IETF Secretariat for Web-based
disclosure and licensing declaration tools; however, the intent of This proposal also may be optionally used as a model by the IETF
this document is informational and is not meant to suggest that this Secretariat for Web-based disclosure and licensing declaration tools;
is the only method that could be used by IETF participants for however, the intent of this document is informational and is not
disclosure of patents or for licensing declarations. For the latest meant to suggest that this is the only method that could be used by
information on how to submit a patent disclosure or licensing IETF participants for disclosure of patents or for licensing
declaration, please see http://www.ietf.org/ipr-instructions. declarations. For the latest information on how to submit a patent
disclosure or licensing declaration, please see
http://www.ietf.org/ipr-instructions.
IPR disclosures should be submitted in English, since this is the
working language of the IETF. Names of persons and companies should
be presented in the way they are usually presented in an English-
speaking context.
2. The Patent Disclosure and Licensing Declaration Template 2. The Patent Disclosure and Licensing Declaration Template
START OF TEMPLATE START OF TEMPLATE
This document is an IETF Patent Disclosure and Licensing Declaration This document is an IETF Patent Disclosure and Licensing Declaration
Template and is submitted to inform the IETF of a) patent information Template and is submitted to inform the IETF of a) patent information
regarding the IETF document or contribution listed in Section IV, and regarding the IETF document or contribution listed in Section IV, and
b) a Patent Holder's intention with respect to the licensing of its b) a Patent Holder's intention with respect to the licensing of its
necessary patent claims. No actual license is implied by submission necessary patent claims. No actual license is implied by submission
skipping to change at page 4, line 22 skipping to change at page 4, line 4
number(s): number(s):
Date(s) granted or applied for (YYYY-MM-DD): Date(s) granted or applied for (YYYY-MM-DD):
Country(ies): Country(ies):
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 an Internet-Draft or RFC is
alleged to be covered by the patent information disclosed in Section 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 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 sections of the Internet-Draft or RFC that are alleged to be so
covered. covered.
VI. Licensing Declaration VI. Licensing Declaration
The Patent Holder states that its position with respect to licensing The Patent Holder states that its position with respect to licensing
any patent claims contained in the patent(s) or patent application(s) any patent claims contained in the patent(s) or patent application(s)
disclosed above that would necessarily be infringed by implementation disclosed above that would necessarily be infringed by implementation
of the technology required by the relevant IETF specification of the technology required by the relevant IETF specification
("Necessary Patent Claims"), for the purpose of implementing such ("Necessary Patent Claims"), for the purpose of implementing such a
specification, is as follows (select one licensing declaration option specification, is as follows (select one licensing declaration option
only): only):
a) ___ No License Required for Implementers a) ___ No License Required for Implementers
Check here if commitment to forgo a license is limited Check here if commitment to forgo a license is limited
solely to standards-track RFCs ___ solely to standards-track RFCs ___
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 commitment to license is limited solely Check here if this commitment to license is limited solely
to standards-track RFCs ___ to standards-track RFCs ___
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 commitment to license is limited solely Check here if this commitment to license is limited solely
to standards-track RFCs ___ to standards-track RFCs ___
d) ___ Licensing Declaration to be Provided Later (implies a d) ___ Licensing Declaration to be Provided Later (implies a
willingness to commit to the provisions of a), b), or c) willingness to commit to the provisions of a), b), or c)
above; otherwise, the next option - "Unwilling to Commit to above; otherwise, the next option - "Unwilling to Commit to
the Provisions of a), b), or c) Above" - must be selected) the Provisions of a), b), or c) Above" - must be selected)
skipping to change at page 6, line 10 skipping to change at page 5, line 27
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 are participant whose personal belief that necessary patent claims are
implicated by an IETF document or contribution caused this template implicated by an IETF document or contribution caused this template
to be filed. This is an optional section. However, if Section III is to be filed. This is an optional section. However, if Section III
not completed, then Section VII must be completed. Even if Section is not completed, then Section VII must be completed. Even if
III is completed, Section VII must still be completed if the Section III is completed, Section VII must still be completed if the
submitter of this template is different from the IETF participant submitter of this template is different from the IETF participant
identified in 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
an IETF contribution (oral or written) other than an Internet-Draft an IETF contribution (oral or written) other than an Internet-Draft
or RFC to which a disclosure is related. 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 Necessary Patent Claims require parties to acquire any license to its Necessary Patent
in order to make, have made, use, import, offer to sell, sell, or Claims in order to make, have made, use, import, offer to sell,
distribute technology that implements such IETF specification. sell, or distribute technology that implements such an 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 is willing, upon request, to grant a Implementers: The Patent Holder is willing, upon request, to grant
license to its Necessary Patent Claims to all persons on a royalty- a license to its Necessary Patent Claims to all persons on a
free basis (i.e., no royalty or other fee) and under other reasonable royalty-free basis (i.e., no royalty or other fee) and under other
and non-discriminatory terms and conditions, to make, have made, use, reasonable and non-discriminatory terms and conditions, to make,
import, offer to sell, sell, and distribute technology that have made, use, import, offer to sell, sell, and distribute
implements such IETF specification. technology that implements such an IETF specification.
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 is willing, upon request, to Possible Royalty/Fee: The Patent Holder is willing, upon request,
grant a license to its Necessary Patent Claims to all persons under to grant a license to its Necessary Patent Claims to all persons
reasonable and non-discriminatory terms and conditions (which may under reasonable and non-discriminatory terms and conditions
include a royalty/fee), to make, have made, use, import, offer to (which may include a royalty/fee), to make, have made, use,
sell, sell, and distribute technology that implements such IETF import, offer to sell, sell, and distribute technology that
specification. implements such an IETF specification.
d) Licensing Declaration to be Provided Later: The Patent Holder is d) Licensing Declaration to be Provided Later: The Patent Holder is
willing to commit to the provisions of a), b), or c) above, but wants willing to commit to the provisions of a), b), or c) above, but
to defer its specific selection of one of these licensing declaration wants to defer its specific selection of one of these licensing
options until a later point in time (or when asked for this declaration options until a later point in time (or when asked for
information by the IESG). This option may not be selected if the this information by the IESG). This option may not be selected if
Patent Holder is unwilling to commit to the provisions of a), b), or the Patent Holder is unwilling to commit to the provisions of a),
c) above. In that case, the Patent Holder must select licensing b), or c) above. In that case, the Patent Holder must select
declaration option e) - "Unwilling to Commit to the Provisions of a), licensing declaration option e) - "Unwilling to Commit to the
b), or c) Above." 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
of any of options a), b), or c) described above. provisions 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 RFCs. If left unchecked, the Patent Holder's standards-track RFCs. If left unchecked, the Patent Holder's
licensing declaration will be deemed to apply to any implementation licensing declaration will be deemed to apply to any implementation
of the relevant IETF specification, including non-standards-track of the relevant IETF specification, including non-standards-track
documents and Internet-Drafts. However, the Patent Holder may list documents and Internet-Drafts. However, the Patent Holder may list
other conditions or restrictions on its commitment to forego a other conditions or restrictions on its commitment to forego a
license (option a)) or on its commitment to license (options b) and license (option a)) or on its commitment to license (options b) and
c)) in Section VIII - "Other Notes." This standards-track qualifier c)) in Section VIII - "Other Notes." This standards-track qualifier
skipping to change at page 7, line 32 skipping to change at page 7, line 5
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 or restrictions on the Section to indicate any other conditions or restrictions on the
licensing declaration option selected in Section VI (e.g., 1) licensing declaration option selected in Section VI (e.g., 1)
reciprocity, or 2) that a license will only be made available for reciprocity, or 2) that a license will only be made available for
implementations of any RFC (standards-track or non-standards-track), implementations of any RFC (standards-track or non-standards-track),
but not for implementations of Internet-Drafts or other documents). but not for implementations of Internet-Drafts or other documents).
Security Considerations 4. Security Considerations
This document relates to IETF process, not any particular technology. This document relates to the IETF process, not any particular
There are security considerations when adopting any particular technology. There are security considerations when adopting any
technology, regardless of whether patent or patent application particular technology, regardless of whether patent or patent
disclosures or licensing declarations are implicated by such application disclosures or licensing declarations are implicated by
technology. A working group should take those security considerations such technology. A working group should take those security
into account as one part of evaluating the technology, but there are considerations into account as one part of evaluating the technology,
no security considerations per se with these IETF processes. but there are no security considerations per se with these IETF
processes.
Normative References 5. Normative References
i Bradner, S., "Intellectual Property Rights in IETF Technology," [RFC3668] Bradner, S., "Intellectual Property Rights in IETF
RFC 3668, February 2004. Technology", BCP 79, RFC 3668, February 2004.
Acknowledgments 6. Acknowledgments
The authors acknowledge the thoughtful contributions of Harald The authors acknowledge the thoughtful contributions of Harald
Alvestrand and Scott Bradner to this document. Alvestrand and Scott Bradner to this document.
Authors' Addresses 7. Editor's Address
Valerie See Valerie See
Microsoft Corporation Microsoft Corporation
One Microsoft Way, Redmond, WA 98052 USA One Microsoft Way
Email: vsee@microsoft.com Redmond, WA 98052 USA
EMail: vsee@microsoft.com
8. Authors' Addresses
Robert Barr Robert Barr
Cisco Systems, Inc. Cisco Systems, Inc.
170 West Tasman Drive, San Jose, CA 95134 USA 170 West Tasman Drive
Email: rbarr@cisco.com San Jose, CA 95134 USA
EMail: rbarr@cisco.com
Scott Brim Scott Brim
Cisco Systems, Inc. Cisco Systems, Inc.
146 Honess Lane, Ithaca, NY 14850 USA 146 Honess Lane
Email: sbrim@cisco.com Ithaca, NY 14850 USA
EMail: sbrim@cisco.com
Paul Gleichauf Paul Gleichauf
Cisco Systems, Inc. Cisco Systems, Inc.
170 West Tasman Drive, San Jose, CA 95134 USA 170 West Tasman Drive
Email: phg@cisco.com San Jose, CA 95134 USA
EMail: phg@cisco.com
Allen Lo Allen Lo
Juniper Networks Juniper Networks
1194 North Mathilda Ave., Sunnyvale, CA 94089 USA 1194 North Mathilda Ave.
Email: alo@juniper.net Sunnyvale, CA 94089 USA
Intellectual Property Statement EMail: alo@juniper.net
9. Full Copyright Statement
Copyright (C) The Internet Society (2004).
This document is subject to the rights, licenses and restrictions
contained in BCP 78, and except as set forth therein, the authors
retain all their rights.
This document and the information contained herein are provided on an
"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE
REPRESENTS OR IS SPONSORED BY (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.
Intellectual Property
The IETF takes no position regarding the validity or scope of any The IETF takes no position regarding the validity or scope of any
intellectual property or other rights that might be claimed to Intellectual Property Rights or other rights that might be claimed to
pertain to the implementation or use of the technology described in pertain to the implementation or use of the technology described in
this document or the extent to which any license under such rights this document or the extent to which any license under such rights
might or might not be available; neither does it represent that it might or might not be available; nor does it represent that it has
has made any effort to identify any such rights. Information on the made any independent effort to identify any such rights. Information
IETF's procedures with respect to rights in IETF Documents can be on the IETF's procedures with respect to rights in IETF Documents can
found in BCP 78 and 79. be found in BCP 78 and BCP 79.
Copies of IPR disclosures made to the IETF Secretariat and any Copies of IPR disclosures made to the IETF Secretariat and any
assurances of licenses to be made available, or the result of an 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 attempt made to obtain a general license or permission for the use of
such proprietary rights by implementers or users of this such proprietary rights by implementers or users of this
specification can be obtained from the IETF on-line IPR repository at specification can be obtained from the IETF on-line IPR repository at
http://www.ietf.org/ipr. http://www.ietf.org/ipr.
The IETF invites any interested party to bring to its attention any The IETF invites any interested party to bring to its attention any
copyrights, patents or patent applications, or other proprietary copyrights, patents or patent applications, or other proprietary
rights which may cover technology that may be required to implement rights that may cover technology that may be required to implement
this standard. Please address the information to the IETF at ietf- this standard. Please address the information to the IETF at ietf-
ipr.org. ipr@ietf.org.
Disclaimer of Validity
This document and the information contained herein are provided on an
"AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/SHE REPRESENTS
OR IS SPONSORED BY (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.
Copyright Statement Acknowledgement
Copyright (C) The Internet Society (2004). This document is subject Funding for the RFC Editor function is currently provided by the
to the rights, licenses and restrictions contained in BCP 78, and Internet Society.
except as set forth therein, the authors retain all their rights.
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