RE: Patent notice for 802
Geoff and Jim,
No 802.11 has NOT its own policy. I am sure that 802.3 has not either.
The issue is that the SA SB By-laws specify exactly what Roger has quoted in
its first paragraph, and later details the discrimination issue.
We need to escalate this to the SB. In addition, the policy should not
include the qualification "technical justification". To my understanding
PatCom did remove the issue from at least the operations manual, but did not
correct the By-Laws. I am asking internally here if they would act. But
802.11 could act as well.
Hope this helps.
Vic
> ----------
> From: Jim Carlo[SMTP:jcarlo@ti.com]
> Sent: Monday, December 20, 1999 16:42
> To: Geoff Thompson; Roger B. Marks; Vic Hayes
> Cc: Gary Robinson; IEEE802
> Subject: Patent notice for 802
>
> I did not realize that 802.3 had a separate patent policy. I ask whether
> 802
> needs to have a separate policy or whether each WG's policy can be
> slightly
> different (as long as in line with IEEE-SA policy)? Vic, does 802.11 have
> a
> separate patent policy?
>
> Jim Carlo(jcarlo@ti.com) Cellular:1-214-693-1776 Voice&Fax:1-214-853-5274
> TI Fellow, Networking Standards at Texas Instruments
> Chair, ISO/IEC JTC1/SC6 Telecom and Info Exchange Between Systems
> Chair, IEEE802 LAN/MAN Standards Committee
>
> -----Original Message-----
> From: owner-stds-802-sec@ieee.org [mailto:owner-stds-802-sec@ieee.org]
> On Behalf Of Geoff Thompson
> Sent: Sunday, December 19, 1999 1:25 PM
> To: Jim Carlo
> Cc: IEEE802; Denise Pribula; Gary Robinson; davel@pdd.3com.com;
> David_Law@3mail.3com.com
> Subject: Re: Paent notice in 802.16 paper ubmission template
>
>
>
> Absolutely not!
>
> Roger's statement implies (with the phrase: "...if there is technical
> justification in the opinion of the standards-developing committee...")
> that the WG is examining the patent to see if it is "technically
> justified"
> for inclusion in the proposed standard. That is true where it is "well
> known" that something is patented. 8B/10B encoding would be a good
> example.
>
> The more relevant issue is where it is not known whether material is
> patented and a patent hold or applicant contends that they hold IP
> protection.
>
> If we are going to have a statement I would suggest simply the following:
> +++++++++++++++++++++++++++++++++++++++++++++++
> Patent Policy
> The contributor is familiar with IEEE 802.3 Patent Policy. See:
> http://grouper.ieee.org/groups/802/3/patent.html
> ++++++++++++++++++++++++++++++++++++++++++++++++
>
> Geoff
>
> At 12:07 PM 12/19/99 -0600, Jim Carlo wrote:
> >
> >I note below that Roger Marks, chair of 802.16, has added the following
> >statement to the preferred template for all paper submissions within IEEE
> >802.16.
> >
> >I think this is a good idea and lets everyone know what the policy is.
> >
> >Comments?
> >
> >The following goes at the bottom of the cover page of an 802.16
> >contribution:
> >+++++++++++++++++++++++++++++++++++++++++++++++
> >IEEE Patent Policy
> >The contributor is familiar with the IEEE Patent Policy, which is set
> forth
> >in the IEEE-SA Standards Board Bylaws
> >http://standards.ieee.org/guides/bylaws and includes the statement:
> >"IEEE standards may include the known use of patent(s), including patent
> >applications, if there is technical justification in the opinion of the
> >standards-developing committee and provided the IEEE receives assurance
> from
> >the patent holder that it will license applicants under reasonable terms
> and
> >conditions for the purpose of implementing the standard."
> >++++++++++++++++++++++++++++++++++++++++++++++++
> >
> >Jim Carlo(jcarlo@ti.com) Cellular:1-214-693-1776 Voice&Fax:1-214-853-5274
> >TI Fellow, Networking Standards at Texas Instruments
> >Chair, ISO/IEC JTC1/SC6 Telecom and Info Exchange Between Systems
> >Chair, IEEE802 LAN/MAN Standards Committee
> >
> |=========================================|
> | Geoffrey O. Thompson |
> | Chair IEEE 802.3 |
> | Nortel Networks, Inc. M/S SC5-02 |
> | 4401 Great America Parkway |
> | P. O. Box 58185 |
> | Santa Clara, CA 95052-8185 USA |
> | Phone: +1 408 495 1339 |
> | Fax: +1 408 988 5525 |
> | E-Mail: gthompso@nortelnetworks.com |
> | Please see the IEEE 802.3 web page at |
> http://grouper.ieee.org/groups/802/3/index.html
>