Thank you for the opportunity to comment on the issues raised in Don Wright’s emails dated May 20 and June 1, 2016.
We agree with the PatCom’s conclusions that no changes to the PatCom FAQs are necessary, and that the FAQs, when read with the SASB Operations Manual, fully address each of the issues discussed in Don Wright’s emails. This includes the specific responses to the four questions that are the subject of the May 20 email. Those responses reflect the prudent avoidance of offering unnecessary additional guidance or proposing revisions to the Operations Manual or the FAQs, which would only create the possibility of confusion and uncertainty regarding the clear language of the relevant provisions. Such a result would upset long-established expectations of both Submitters of LOAs and those implementing standards to which LOAs apply, and improperly modify contractual rights that exist as a result of the assurances provided by LOAs.
Given the PatCom’s conclusions, we are not sure there is any need for further discussion of these issues at the PatCom 29 June 2016 Berlin meeting, but we will be prepared to further support the PatCom’s responses at that time.
Jon Rosdahl Engineer, Senior Staff
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Dear PP-Dialog participants:
There have been a number of discussions among IEEE standards participants concerning the applicability of LOAs. These discussions have focused on at least the following four areas:
1. How should LOAs (blankets and others) be understood in situations involving changes in ownership, control, etc. especially considering updates to the Patent Policy text?
2. Which form of LOA is required for PARs (projects) that were already in existence when the Patent Policy text was updated on 15 March 2015?
3. Which form of LOA is required for PARs (projects) that were started on or after 15 March 2015?
4. How are LOAs for an amendment versus a standard interpreted?
PatCom has been discussing topic #1 but, at this time, has no text or other guidance to propose to further address this topic. In this context, PatCom has reviewed not only the updated Patent Policy text but also the text in clause 6.3 of the IEEE-SA Standards Board Operations Manual (see https://standards.ieee.org/develop/policies/opman/sect6.html).
In regards to topics #2 and #3, PatCom notes that the text of FAQs #84 and #85 describe the effective date of the Patent Policy. The methodology described in those FAQs is substantively consistent with the way the transition was handled with the 2007 Patent Policy update. At this time, PatCom is proposing no changes to those FAQs or any additional FAQs on this topic.
Topic #4 was addressed in a separate e-mail to PP-Dialog distributed by me on 20 May 2016.
PatCom welcomes comments, ideas, and proposals from the PP-Dialog participants and others on these topics and looks forward to a discussion at the PatCom meeting on 29 June 2016 in Berlin Germany. Please submit your comments, ideas, and proposals to PP-Dialog by 20 June 2016 so they may be reviewed by PatCom members and others in advance of the Berlin meeting.
________________________________________________________
Don Wright, President
Standards Strategies, LLC
10420 Vista Hills Blvd
Louisville, KY 40291
don@xxxxxxxxxxxxxxxxxxxxxxxx
+1 859-396-7812
2016 IEEE Standards Association President-Elect
Member, IEEE SA Standards Board, PatCom (Chair) & ProCom
Chair, IEEE-ISTO Board of Directors
Chair, IEEE SA Nominations & Appointments Committee
Member, IEEE Nominations & Appointments Committee
Past Chair, IEEE Admission & Advancement Committee
Past Chair, INCITS Executive Board
