IPR WG
Internet-Draft V. See (editor)
Document: draft-ietf-ipr-template-06.txt Microsoft
Expires: February 11, 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.
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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...........................................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. 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:
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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:
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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 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, 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 such IETF specification ("Necessary Patent Claims"), for the
purpose of implementing the specification, is as follows (select one
licensing declaration option only):
a) ___ No License Required for Implementers
Check here if this licensing declaration is limited solely
to standards-track IETF documents ___
b) ___ Royalty-Free, Reasonable and Non-Discriminatory License to
All Implementers
Check here if this licensing declaration is limited solely
to standards-track IETF documents ___
c) ___ 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 ___
d) ___ Licensing Declaration to be Provided Later (implies a
willingness to commit to the provisions of a), b), or c)
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above to all implementers; 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.
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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 reasonable and
non-discriminatory terms, 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 (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, 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. 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),
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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 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 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: vsee@microsoft.com
Robert Barr
Cisco Systems, Inc.
170 West Tasman Drive, San Jose, CA 95134 USA
Email: rbarr@cisco.com
Scott Brim
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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
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
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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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