new-pp-tutorial-draft

David Law

Informations

• Publié par: Erdau
• Nombre de lectures: 16
• Langue: English

Extrait

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2007 IEEE-SA Patent Policy
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Introduction and guide to IEEE-SA
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th
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patent policy effective April 30 2007
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Inclusion of Potential Essential
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22 Patent Claims
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Inclusion of Essential Patent
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Claims in standard
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IEEE standards may be drafted in terms that include the use of
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Essential Patent Claims. If the IEEE receives notice that a [Proposed]
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IEEE Standard may require the use of a potential Essential Patent
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Claim, the IEEE shall request licensing assurance, on the IEEE
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Standards Board approved Letter of Assurance form, from the patent
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holder or patent applicant. The IEEE shall request this assurance
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without coercion.
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21 IEEE-SA Standards Board Bylaws Subclause 6.2, Para 1
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“Essential Patent Claim” shall mean any Patent Claim the use of which
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was necessary to create a compliant implementation of either
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mandatory or optional portions of the normative clauses of the
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[Proposed] IEEE Standard when, at the time of the [Proposed] IEEE
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Standard’s approval, there was no commercially and technically
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feasible non-infringing alternative. An Essential Patent Claim does not
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include any Patent Claim that was essential only for Enabling
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Technology or any claim other than that set forth above even if
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contained in the same patent as the Essential Patent Claim.
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36 IEEE-SA Standards Board Bylaws Subclause 6.1, Para 6
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“Patent Claim(s)” shall mean one or more claims in issued patent(s) or
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pending patent application(s).
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IEEE-SA Standards Board Bylaws Subclause 6.1, Para 8
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Inclusion of Essential Patent
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Claims in standard
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• Essential Patent Claim
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– In issued or pending patent applications
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14 – Either mandatory or optional portions of standard
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– Determined as of time of the standards approval
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• No commercially and technically feasible non-infringing alternative
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• Unless functionally necessary or a normative requirement of the standard
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• Patent claims related to C language compiler are an example
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• Assurance only applies to Essential Patent Claims
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• Some claims in a patent may be essential, some not
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• Potential Essential Patent Claims can be included
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–But DO NOT discuss
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31 • Interpretation, validity or essentiality of patents/patent claims
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– For these purposes essentiality is based on assertion of holder
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• Letter of Assurance form is now only acceptable template
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36 – Modified Letter of Assurance form will not be accepted.
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• Filling in the form is not considered a modification.
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39 – ‘Free form’ letters will no longer be accepted
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Call for patents
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The chair or the chair’s delegate of an IEEE standards-developing working
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group or the chair of an IEEE standards Sponsor shall be responsible for
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9 informing the members of the working group that if any individual believes that
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Patent Claims might be Essential Patent Claims, that fact should be made
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known to the entire working group and duly recorded in the minutes of the
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working group meeting. This request shall occur at every standards-developing
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meeting.
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The chair or the chair's delegate shall ask any patent holder or patent applicant
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18 of a Patent Claim that might be or become an Essential Patent Claim to
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complete and submit a Letter of Assurance in accordance with Clause 6 of the
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IEEE-SA Standards Board Bylaws. Information about the draft standard will be
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made available upon request.
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IEEE-SA Standards Board operations Manual Subclause 6.3.2
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• Call shall be made at every standards-development meeting
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– Working Group, Task Force, Task Group, Study Group, Ad Hocs, conference calls
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– Working Group chair or designee makes the call
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• State that if an individual believes a patent claim might be an Essential Patent
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Claims, such individual should make the Working Group aware of this.
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– Record in minutes that call for patents was made
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– Record in minutes any response
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• When informed, Working Group chair shall contact holder requesting a LOA
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– Sample letter provided in standards companion
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• [http://standards.ieee.org/guides/companion ].
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Duty on participants
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In order for IEEE’s patent policy to function efficiently,
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individuals participating in the standards development
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process: (a) shall inform the IEEE (or cause the IEEE to
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be informed) of the holder of any potential Essential
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Patent Claims of which they are personally aware and
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18 that are not already the subject of an existing Letter of
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Assurance, owned or controlled by the participant or the
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entity the participant is from, employed by, or otherwise
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represents; …
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IEEE-SA Standards Board Bylaws Subclause 6.2, Para 14
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• If you personally know of a potential Essential Patent Claim that
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is not covered by an existing LOA
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– Then if the potential Essential Patent Claim is owned by you or the
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entity you are affiliated with, you have a duty to ensure that the
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IEEE is informed of the holder
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• See IEEE-SA Standards Board Operation Manual subclause 5.3.3.1
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‘Disclosure of affiliation’ from more definition of affiliation
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– This includes corporate affiliates
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Third party claims
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In order for IEEE’s patent policy to function efficiently, individuals
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participating in the standards development process: … (b) should
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inform the IEEE (or cause the IEEE to be informed) of any other
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holders of such potential Essential Patent Claims that are not
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IEEE-SA Standards Board Bylaws Subclause 6.2, Para 14
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• If you personally know of a potential Essential Patent Claim that is
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not covered by an existing LOA:
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– Participants are not required to notify the IEEE that they are aware of
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any potential Essential Patent Claims held by a third party. Participants
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may make such disclosure at their own discretion.
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– Although there is no obligation to notify the IEEE of third party patent
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holders, the IEEE encourages participants to do so.
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– This encouragement is particularly strong as the third party may not be
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a participant in the standards process.
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– Inform the Working Group Chair
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– Ensure that IEEE receives a LOA
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Timing
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If the patent holder or patent applicant provides an assurance, it should do so
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assurance shall be provided prior to the Standards Board’s approval of the
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standard. This assurance shall be provided prior to a reaffirmation if the IEEE
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receives notice of