IPR WG
Internet Draft V. See (editor)
Document: draft-ietf-ipr-template-01.txt Microsoft
Expires: November 22, 2003 May 22, 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>.
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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
References........................................................7
Acknowledgments...................................................7
Authors' Addresses................................................7
Full Copyright 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. 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)>.
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 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 Patent Holder elects to provide
this licensing information for a non-standards track document. No
actual license is implied by submission of this template. Please
complete and submit a separate template for each IETF document.
I. Patent Holder/Organization ("Patent Holder")
Legal Name:
II. Patent Holder's Contact for License Application
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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.]
A. For granted patents or published pending patent applications,
please provide the following information:
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Patent Disclosure and Licensing Declaration Template May 22 2003
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. The discloser of the above patent information acknowledges that
the discloser will file a new copy of this template to provide an
update (if any) in the status of a disclosed patent application that
has been published or granted. The discloser should also withdraw its
disclosure of a patent application that is abandoned.______
D. 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) or IV(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 Patent Holder):
If the IETF Document referenced in Section IV above is or becomes an
IETF Standards Track document (or if the Patent Holder elects to make
a licensing declaration with respect to a non-Standards Track
document), the Patent Holder states that 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 IETF document)("Patent Claims") is as
follows (select one option only):
___ No License Required for Implementers
___ Royalty-Free, Reasonable and Non-Discriminatory License to All
Implementers
___ Reasonable and Non-Discriminatory License to All Implementers
with Possible Royalty/Fee
___ Licensing Declaration to be Provided Later (implies a
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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 above)
Name:
Title:
Department:
Address:
Telephone:
Fax:
Email:
VIII. Other Notes:
<END OF 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 HolderÆs 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
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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, "Other Notes," may be used for any
additional information a discloser or Patent Holder wishes to
provide.
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.
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 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 under reasonable and 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, 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, except on an
implementer-by-implementer basis, in its sole discretion.
Security Considerations
This document relates to IETF process, not any particular technology.
There are security considerations when adopting any particular
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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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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.
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