Transcript 19-06-0017-00-0000-IEEE-IPR-Policy.ppt

March 2006
doc.: IEEE 802.19-06/0017r0
IEEE IPR Policy
Date: 2006-03-12
Authors:
Name
Company Address
Steve Shellhammer Qualcomm
5775 Morehouse Dr
San Diego, CA 92121
Phone
E-mail
(858) 658-1874
[email protected]
Notice: This document has been prepared to assist IEEE 802.19. It is offered as a basis for discussion and is not binding on the contributing individual(s) or organization(s). The material in
this document is subject to change in form and content after further study. The contributor(s) reserve(s) the right to add, amend or withdraw material contained herein.
Release: The contributor grants a free, irrevocable license to the IEEE to incorporate material contained in this contribution, and any modifications thereof, in the creation of an IEEE
Standards publication; to copyright in the IEEE’s name any IEEE Standards publication even though it may include portions of this contribution; and at the IEEE’s sole discretion to permit
others to reproduce in whole or in part the resulting IEEE Standards publication. The contributor also acknowledges and accepts that this contribution may be made public by IEEE 802.19.
Patent Policy and Procedures: The contributor is familiar with the IEEE 802 Patent Policy and Procedures <http:// ieee802.org/guides/bylaws/sb-bylaws.pdf>, including the statement
"IEEE standards 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." Early disclosure to the TAG of patent information that might be relevant to the standard is essential to
reduce the possibility for delays in the development process and increase the likelihood that the draft publication will be approved for publication. Please notify the Chair
<[email protected]> as early as possible, in written or electronic form, if patented technology (or technology under patent application) might be incorporated into a draft standard being
developed within the IEEE 802.19 TAG. If you have questions, contact the IEEE Patent Committee Administrator at <[email protected]>.
Submission
Slide 1
Steve Shellhammer, Qualcomm
March 2006
doc.: IEEE 802.19-06/0017r0
IEEE-SA Standards Board Bylaws on Patents in Standards
IEEE standards may include the known use of essential patents and patent applications
provided the IEEE receives assurance from the patent holder or applicant with respect
to patents whose infringement is, or in the case of patent applications, potential future
infringement the applicant asserts will be, unavoidable in a compliant implementation
of either mandatory or optional portions of the standard [essential patents]. This
assurance shall be provided without coercion. The patent holder or applicant should
provide this assurance as soon as reasonably feasible in the standards development
process. This assurance shall be provided no later than the approval of the standard (or
reaffirmation when a patent or patent application becomes known after initial approval
of the standard). This assurance shall be 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 either mandatory or
optional portions of the proposed IEEE standard against any person or entity complying
with the standard; or
b) A statement that a license for such implementation 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 is irrevocable once submitted and accepted and shall apply, at a
minimum, from the date of the standard’s approval to the date of the standard’s
withdrawal.
Submission
Slide 2
Steve Shellhammer, Qualcomm
March 2006
doc.: IEEE 802.19-06/0017r0
Inappropriate Topics for IEEE WG Meetings
•
•
•
•
Don’t discuss the validity/essentiality of patents/patent claims
Don’t discuss the cost of specific patent use
Don’t discuss licensing terms or conditions
Don’t discuss product pricing, territorial restrictions, or
market share
• Don’t discuss ongoing litigation or threatened litigation
Don’t be silent if inappropriate topics are discussed… do
formally object.
If you have questions, contact the IEEE-SA Standards Board Patent
Committee Administrator at [email protected] or visit
http://standards.ieee.org/board/pat/index.html
This slide set is available at
http://standards.ieee.org/board/pat/pat-slideset.ppt
Submission
Slide 3
Steve Shellhammer, Qualcomm