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Re: [802SEC] Guidance from PatCom on allowable presentation material



Paul:
 
Not knowing all of the details of the advice asked for, would a question to a presenter about IPR be acceptable.  For example:
 
1.  "Have you, or your sponsor submited an LOA related to this proposal?"  I assume this would be allowed in the spirit of the PatCom opinion that if you can announce there is one on file, a participant can ask if one has been filed..
2.  "If your proposal was adopted for inclusion in the standard and it includes essential intellectual property in which you, or your sponsor holds rights, will an LOA be submitted to IEEE?"  One most people might evade or finesse per corporate legal policies.
 
As we supposed to disallow any questions about LOAs placed to a presenter?
 
--Bob



From: owner-stds-802-sec@LISTSERV.IEEE.ORG [mailto:owner-stds-802-sec@LISTSERV.IEEE.ORG] On Behalf Of Paul Nikolich
Sent: Friday, January 07, 2005 12:23 PM
To: STDS-802-SEC@LISTSERV.IEEE.ORG
Subject: [802SEC] Guidance from PatCom on allowable presentation material

Dear EC Members,

Attached below is communication LMSC has received from PatCom as a result of their deliberations on the '802.11n protest' with specific guidance on presentation materials.  Carefully review the requirements for what is allowable (and what is not) in terms of presentation materials addressing intellectual property rights and licensing terms and conditions.  Basically, the only thing a participant can mention with respect to IPR is that there is a Letter of Assurance on file.  Everything else is off limits.  Please make sure your WG/TAG members comply with this policy interpretation.

If you have any questions, please contact the PatCom adminstrator, Dave Ringle, .

Regards,

--Paul Nikolich
Chairman, IEEE 802 LMSC




7 January 2005

Paul Nikolich,

At the December 2004 meeting of the IEEE-SA Standards Board Patent
Committee (PatCom), you led discussion on an agenda item titled 'Discussion
of P802.11n Protest'. You noted that some members of the P802.11n working
group requested a clarification of policy from PatCom regarding what would
be acceptable to discuss during a working group technical presentation,
regarding patent information/statements.

PatCom is charged with providing oversight for the use of patents and
patent information in IEEE Standards. PatCom is also charged with reviewing
patent information submitted to the IEEE Standards Department to determine
conformity with patent procedures and guidelines. As empowered by the
IEEE-SA Standards Board Bylaws, PatCom has reviewed the information
presented and rendered its decision by interpreting the policies and
procedures of the IEEE and the IEEE-SA relevant to the issues.

In regards to the presentation of information to a standards development
group, PatCom has decided the following:

1. After a patent letter of assurance (LoA) has been accepted by PatCom, it
is allowable for a presenter to state that an LoA has been filed by a
Patent Holder, accepted by PatCom, and listed in the online listing of LoAs
at
http://standards.ieee.org/db/patents/index.html

Anyone seeking a copy of the accepted LoA should contact the PatCom
Administrator.

2. Discussion of the content of accepted, submitted, or proposed LoAs is
prohibited.

3. Discussion of licensing terms and conditions is prohibited.

Sincerely,
Ray Hapeman
PatCom Chair




****************************************************************
David L. Ringle
Program Manager - Governance, Policy & Procedures
IEEE Standards Activities Department
445 Hoes Lane
P.O. Box 1331
Piscataway, NJ  08855-1331
TEL: +1 732 562 3806
FAX: +1 732 875 0524
d.ringle@ieee.org
****************************************************************






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