[802SEC] IEEE Patent Policy
Dear SEC,
In order to ensure their is a clear and uniform understanding the IEEE
Standards Association patent policy and procedures I would like all WG and
TAG chairs to ensure this policy is well know to their members. The policy
and procedures are defined below and are taken from the IEEE-SA Standards
Board Bylaws and the IEEE-SA Standards Board Operations Manual.
Please send a copy of this email to your working group members and be
prepared to answer any questions that may arise concerning the policy. If
you need assistance in answering questions, I will be happy to assist or
enlist the assistance of the IEEE-SA as necessary.
Regards,
--Paul Nikolich, IEEE 802 Chair
- The Patent Policy is set forth in Section 6 of the IEEE-SA Standards Board
Bylaws <http://standards.ieee.org/guides/bylaws/sect6-7.html>.
- Operational procedures relating to the Patent Policy are found in Section
6.3 of the IEEE-SA Standards Board Operations Manual
<http://standards.ieee.org/guides/opman/sect6.html>.
Section 6 of the IEEE-SA Standards Board Bylaws
6. Patents
IEEE standards </guides/opman/sect1.html> may include the known use of
patent(s), including patent applications, provided the IEEE receives
assurance from the patent holder or applicant with respect to patents
essential for compliance with both mandatory and optional portions of the
standard. This assurance shall be provided without coercion and prior to
approval of the standard (or reaffirmation when a patent becomes known after
initial approval of the standard). This assurance shall be a letter that is
in the form of either
a) A general disclaimer to the effect that the patentee will not enforce any
of its present or future patent(s) whose use would be required to implement
the proposed IEEE standard against any person or entity using the patent(s)
to comply with the standard or
b) A statement that a license will be made available without compensation or
under reasonable rates, with reasonable terms and conditions that are
demonstrably free of any unfair discrimination
This assurance shall apply, at a minimum, from the date of the standard's
approval to the date of the standard's withdrawal and is irrevocable during
that period.
_____________________________________________________________________
Section 6.3 of the IEEE-SA Standards Board Operations Manual
6.3 Patents
The patent policy is set forth in clause 6 </guides/bylaws/sect6-7.html> of
the IEEE-SA Standards Board Bylaws.
Patent holders shall submit letters of assurance to the IEEE Standards
Department (to the attention of the Patents Administrator
<mailto:d.ringle@ieee.org>) before the time of IEEE-SA Standards Board
review for approval.
In the event that a patent may apply to a standard and a letter of assurance
cannot be obtained, the working group shall refer this matter to the Patents
Administrator <mailto:d.ringle@ieee.org> in the IEEE Standards Department.
Unless the letter of assurance is received from an individual within the
issuing organization who has clear authority for intellectual property
and/or legal matters, the IEEE Standards Department (Patents Administrator
<mailto:d.ringle@ieee.org>) shall send a certified letter, return receipt
requested, to the General Counsel of the issuing organization to confirm
receipt of the letter of assurance and to ensure that the letter of
assurance is factually correct and was submitted by an appropriate
individual within the issuing organization. No response to this letter,
other than the return receipt, is required.
The IEEE will provide contact information about the patent holder upon
request.
6.3.1 Public notice
The following notice shall appear when the IEEE receives assurance from a
known patent holder prior to the time of publication that a license will be
made available to all applicants either without compensation or under
reasonable rates, terms, and conditions that are demonstrably free of any
unfair discrimination.
Attention is called to the possibility that implementation of this standard
may require use of subject matter covered by patent rights. By publication
of this standard, no position is taken with respect to the existence or
validity of any patent rights in connection therewith. The IEEE shall not be
responsible for identifying patents for which a license may be required by
an IEEE standard or for conducting inquiries into the legal validity or
scope of those patents that are brought to its attention. A patent holder
has filed a statement of assurance that it will grant licenses under these
rights without compensation or under reasonable rates and nondiscriminatory,
reasonable terms and conditions to all applicants desiring to obtain such
licenses. The IEEE makes no representation as to the reasonableness of rates
and/or terms and conditions of the license agreements offered by patent
holders. Further information may be obtained from the IEEE Standards
Department.
If the IEEE has not received letters of assurance prior to the time of
publication, the following notice shall appear:
Attention is called to the possibility that implementation of this standard
may require use of subject matter covered by patent rights. By publication
of this standard, no position is taken with respect to the existence or
validity of any patent rights in connection therewith. The IEEE shall not be
responsible for identifying patents for which a license may be required by
an IEEE standard or for conducting inquiries into the legal validity or
scope of those patents that are brought to its attention.
6.3.2 Submittal
Through the working group, the Sponsor chair shall request that known patent
holders submit a statement either that the patent does not apply to the
standard or that licenses will be made available without compensation or
under reasonable rates, terms, and conditions. This assurance shall be
obtained without coercion and submitted to the IEEE at the earliest
practical time prior to the approval of an IEEE standard. The IEEE
encourages early disclosure to the working group of patent information that
might be relevant to the standard.
While standards may include the known use of patents if there is technical
justification, the working group should not attempt to determine whether or
not a patent applies. The working group shall accept the view of the patent
holder.
6.3.3 Withdrawn standards
All IEEE standards are subject to periodic review for reaffirmation,
revision, or withdrawal every five years. Thus, any standard that
incorporates patented technology may at some point in time be withdrawn.
Clause 6 <http://standards.ieee.org/guides/bylaws/sect6-7.html> of the
IEEE-SA Standards Board Bylaws contains policies concerning the period of
validity for any assurance received from a party claiming a patent, issued
or under application.
6.3.4 Disclaimer
The IEEE is not responsible for identifying patents for which a license may
be required to implement an IEEE standard or for conducting inquiries into
the legal validity or scope of those patents that are brought to its
attention.