----- Original Message -----
Sent: Friday, January 07, 2005 8:23
PM
Subject: Re: [802SEC] Guidance from
PatCom on allowable presentation material
Paul:
Not knowing all of the details of the advice asked for,
would a question to a presenter about IPR be acceptable. For
example:
1. "Have you, or your sponsor submited an LOA
related to this proposal?" I assume this would be allowed in the spirit
of the PatCom opinion that if you can announce there is one on file, a
participant can ask if one has been filed..
2. "If your proposal was adopted for inclusion in
the standard and it includes essential intellectual property in which you, or
your sponsor holds rights, will an LOA be submitted to IEEE?"
One most people might evade or finesse per corporate legal
policies.
As
we supposed to disallow any questions about LOAs placed to a
presenter?
--Bob
Dear EC
Members,
Attached below is communication LMSC has received from PatCom
as a result of their deliberations on the '802.11n protest' with specific
guidance on presentation materials. Carefully review the requirements
for what is allowable (and what is not) in terms of presentation materials
addressing intellectual property rights and licensing terms and
conditions. Basically, the only thing a participant can
mention with respect to IPR is that there is a Letter of Assurance
on file. Everything else is off limits. Please make sure your
WG/TAG members comply with this policy interpretation.
If you have any
questions, please contact the PatCom adminstrator, Dave Ringle,
.
Regards,
--Paul Nikolich
Chairman,
IEEE 802 LMSC
7 January 2005
Paul
Nikolich,
At the December 2004 meeting of the IEEE-SA Standards Board
Patent
Committee (PatCom), you led discussion on an agenda item titled
'Discussion
of P802.11n Protest'. You noted that some members of the
P802.11n working
group requested a clarification of policy from PatCom
regarding what would
be acceptable to discuss during a working group
technical presentation,
regarding patent
information/statements.
PatCom is charged with providing oversight for
the use of patents and
patent information in IEEE Standards. PatCom is also
charged with reviewing
patent information submitted to the IEEE Standards
Department to determine
conformity with patent procedures and guidelines.
As empowered by the
IEEE-SA Standards Board Bylaws, PatCom has reviewed the
information
presented and rendered its decision by interpreting the
policies and
procedures of the IEEE and the IEEE-SA relevant to the
issues.
In regards to the presentation of information to a standards
development
group, PatCom has decided the following:
1. After a
patent letter of assurance (LoA) has been accepted by PatCom, it
is
allowable for a presenter to state that an LoA has been filed by a
Patent
Holder, accepted by PatCom, and listed in the online listing of LoAs
at
http://standards.ieee.org/db/patents/index.html
Anyone seeking a copy of the accepted LoA should
contact the PatCom
Administrator.
2. Discussion of the content of
accepted, submitted, or proposed LoAs is
prohibited.
3. Discussion
of licensing terms and conditions is prohibited.
Sincerely,
Ray
Hapeman
PatCom
Chair
****************************************************************
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
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