[802SEC] Re: RevCom submission/Patent Policy
Forwarded for a nonsubscriber.
-Bob
-----Original Message-----
Subject: Re: RevCom submission/Patent Policy
To: Tony Jeffree <tony@jeffree.co.uk>
Cc: stds-802-sec@ieee.org
From: d.ringle@ieee.org
Date: Fri, 19 Mar 2004 17:20:05 -0500
Tony,
I do not see the RevCom submittal form/instructions as violating the
patent
policy nor being in conflict with the patent slide set. To me, there is
a
difference between disclosures made and whether or not there is an
inclusion of a known essential patent in the document.
How would a Sponsor/WG know if there is a known inclusion of an
essential
patent and actually make a statement about such? If there is an actual
patent cited in the text of the standard. {This does occur in some IEEE
standards.}
So, unless a patent is cited in the standard, I believe that the
statement
in the slide is correct. No position should be taken on the
essentiality
of any patents brought out from any disclosure statements.
The RevCom submittal form (12A) asks if there is patented material in
the
proposed standard. The Help text goes on to explain that this should
only
be checked as YES if there is a known inclusion of an essential patent.
This appears to be okay to me. We need to receive LoAs for any
essential
patents (i.e., those that are cited in the standard) to ensure that we
will
be able to publish the standard and have it be implemented [licenses
will
granted 'fairly' to implementers, as noted in the LoA].
Regards,
****************************************************************
David L. Ringle
Program Manager - Governance, Policy & Procedures
IEEE Standards Activities Department
445 Hoes Lane
P.O. Box 1331
Piscataway, NJ 08855-1331
TEL: +1 732 562 3806
FAX: +1 732 875 0524
d.ringle@ieee.org
****************************************************************
Tony Jeffree
<tony@jeffree.co. To:
d.ringle@ieee.org
uk> cc:
stds-802-sec@ieee.org
Subject: RevCom
submission/Patent Policy
03/19/2004 04:17
PM
Dave -
Item 12 A on the current RevCom submittal form help notes
(http://standards.ieee.org/board/rev/revcom_submittal_help.html#rev12)
appears to violate the statements made on the first slide of the current
patent policy slide set (that WG Chairs are supposed to use at their
meetings) that states specifically that "neither the IEEE, the WG nor
the
WG Chairman ensure the accuracy or completeness of any disclosure or
whether any disclosure is of a patent that in fact may be essential for
the
use of standards under development".
It would appear that checking the YES box on the 12 A section of the
RevCom
form would violate current patents policy, as it could be construed as
making a determination of the applicability or otherwise of any
disclosures
that have been made.
Any views?
Regards,
Tony