RFC 3979:Intellectual Property Rights in IETF Tech...
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6. IPR Disclosures


   This section discusses aspects of obligations associated with IPR
   disclosure.

   This document refers to the IETF participant making disclosures,
   consistent with the general IETF philosophy that participants in the
   IETF act as individuals.  A participant's obligation to make a
   disclosure is also considered satisfied if the IPR owner or the
   participant's employer or sponsor makes an appropriate disclosure in
   place of the participant doing so.


6.1. Who Must Make an IPR Disclosure?

6.1.1. A Contributor's IPR in his or her Contribution


   Any Contributor who reasonably and personally knows of IPR meeting
   the conditions of Section 6.6 which the Contributor believes Covers
   or may ultimately Cover his or her Contribution, or which the
   Contributor reasonably and personally knows his or her employer or
   sponsor may assert against Implementing Technologies based on such
   Contribution, must make a disclosure in accordance with this Section
   6.

   This requirement specifically includes Contributions that are made by
   any means including electronic or spoken comments, unless the latter
   are rejected from consideration before a disclosure could reasonably
   be submitted.  An IPR discloser is requested to withdraw a previous
   disclosure if a revised Contribution negates the previous IPR
   disclosure, or to amend a previous disclosure if a revised
   Contribution substantially alters the previous disclosure.

   Contributors must disclose IPR meeting the description in this
   section; there are no exceptions to this rule.


6.1.2. An IETF Participant's IPR in Contributions by Others


   Any individual participating in an IETF discussion who reasonably and
   personally knows of IPR meeting the conditions of Section 6.6 which
   the individual believes Covers or may ultimately Cover a Contribution
   made by another person, or which such IETF participant reasonably and
   personally knows his or her employer or sponsor may assert against
   Implementing Technologies based on such Contribution, must make a
   disclosure in accordance with this Section 6.


6.1.3. IPR of Others


   If a person has information about IPR that may Cover IETF
   Contributions, but the participant is not required to disclose
   because they do not meet the criteria in Section 6.6 (e.g., the IPR
   is owned by some other company), such person is encouraged to notify
   the IETF by sending an email message to ietf-ipr@ietf.org.  Such a
   notice should be sent as soon as reasonably possible after the person
   realizes the connection.


6.2. The Timing of Providing Disclosure


   Timely IPR disclosure is important because working groups need to
   have as much information as they can while they are evaluating
   alternative solutions.


6.2.1. Timing of Disclosure Under Section 6.1.1


   The IPR disclosure required pursuant to section 6.1.1 must be made as
   soon as reasonably possible after the Contribution is published in an
   Internet Draft unless the required disclosure is already on file.
   For example, if the Contribution is an update to a Contribution for
   which an IPR disclosure has already been made and the applicability
   of the disclosure is not changed by the new Contribution, then no new
   disclosure is required.  But if the Contribution is a new one, or is
   one that changes an existing Contribution such that the revised
   Contribution is no longer Covered by the disclosed IPR or would be
   Covered by new or different IPR, then a disclosure must be made.

   If a Contributor first learns of IPR in its Contribution that meets
   the conditions of Section 6.6, for example a new patent application
   or the discovery of a relevant patent in a patent portfolio, after
   the Contribution is published in an Internet-Draft, a disclosure must
   be made as soon as reasonably possible after the IPR becomes
   reasonably and personally known to the Contributor.

   Participants who realize that a Contribution will be or has been
   incorporated into a submission to be published in an Internet Draft,
   or is seriously being discussed in a working group, are strongly
   encouraged to make at least a preliminary disclosure.  That
   disclosure should be made as soon after coming to the realization as
   reasonably possible, not waiting until the document is actually
   posted or ready for posting.


6.2.2. Timing of Disclosure Under Section 6.1.2


   The IPR disclosure required pursuant to section 6.1.2 must be made as
   soon as reasonably possible after the Contribution is published in an
   Internet Draft or RFC, unless the required disclosure is already on
   file.  Participants who realize that the IPR will be or has been
   incorporated into a submission to be published in an Internet Draft,
   or is seriously being discussed in a working group, are strongly
   encouraged to make at least a preliminary disclosure.  That
   disclosure should be made as soon after coming to the realization as
   reasonably possible, not waiting until the document is actually
   posted or ready for posting.

   If a participant first learns of IPR that meets the conditions of
   Section 6.6 in a Contribution by another party, for example a new
   patent application or the discovery of a relevant patent in a patent
   portfolio, after the Contribution was published in an Internet-Draft
   or RFC, a disclosure must be made as soon as reasonably possible
   after the IPR becomes reasonably and personally known to the
   participant.


6.3. How Must a Disclosure be Made?


   IPR disclosures are made by following the instructions at
   http://www.ietf.org/ipr-instructions.


6.4. What Must be in a Disclosure?

6.4.1. The disclosure must list the numbers of any issued patents or

6.4.2. If a disclosure was made on the basis of a patent application


   New or revised disclosures may be made voluntarily at any time.


6.4.3. The requirement for an IPR disclosure is not satisfied by the

6.5. What Licensing Information to Detail in a Disclosure


   Since IPR disclosures will be used by IETF working groups during
   their evaluation of alternative technical solutions, it is helpful if
   an IPR disclosure includes information about licensing of the IPR in
   case Implementing Technologies require a license.  Specifically, it
   is helpful to indicate whether, upon approval by the IESG for
   publication as RFCs of the relevant IETF specification(s), all
   persons will be able to obtain the right to implement, use,
   distribute and exercise other rights with respect to an Implementing
   Technology a) under a royalty-free and otherwise reasonable and non-
   discriminatory license, or b) under a license that contains
   reasonable and non-discriminatory terms and conditions, including a
   reasonable royalty or other payment, or c) without the need to obtain
   a license from the IPR holder.

   The inclusion of licensing information in IPR disclosures is not
   mandatory but it is encouraged so that the working groups will have
   as much information as they can during their deliberations.  If the
   inclusion of licensing information in an IPR disclosure would
   significantly delay its submission it is quite reasonable to submit a
   disclosure without licensing information and then submit a new
   disclosure when the licensing information becomes available.


6.6. When is a Disclosure Required?


   IPR disclosures under Sections 6.1.1. and 6.1.2 are required with
   respect to IPR that is owned directly or indirectly, by the
   individual or his/her employer or sponsor (if any) or that such
   persons otherwise have the right to license or assert.



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