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Network Working Group                                        V. See, Ed.Request for Comments: 3905                                     MicrosoftCategory: Informational                                   September 2004A Template for IETF Patent Disclosures and Licensing DeclarationsStatus of this Memo   This memo provides information for the Internet community.  It does   not specify an Internet standard of any kind.  Distribution of this   memo is unlimited.Copyright Notice   Copyright (C) The Internet Society (2004).Abstract   This document describes a proposal for one form of a template for   IETF patent disclosures and licensing declarations.  The optional use   of this template is meant to simplify the process of such disclosures   and licensing declarations and to assist disclosers in providing the   necessary information to meet the obligations documented inRFC 3668.Table of Contents1. Introduction...................................................12. The Patent Disclosure and Licensing Declaration Template.......23. Commentary on Terms Used in the Template.......................54. Security Considerations........................................75. Normative References...........................................76. Acknowledgments................................................77  Editor's Address...............................................88. Authors' Addresses.............................................89. Full Copyright Statement.......................................91.  IntroductionRFC 3668 [RFC3668] documents the current IETF policies and   obligations with respect to disclosure of patents and patent   applications.  It also documents the information requested in   licensing declarations for IETF specifications.  In the interest of   making these patent disclosure and licensing declaration processes   simpler, this document proposes a patent disclosure and licensing   declaration template that may be optionally used as one method for   IETF participants and patent holders to comply with patent disclosure   requirements and licensing declaration provisions underRFC 3668.See, Ed.                     Informational                      [Page 1]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 2004   This proposal also may be optionally used as a model by the IETF   Secretariat for Web-based disclosure and licensing declaration tools;   however, the intent of this document is informational and is not   meant to suggest that this is the only method that could be used by   IETF participants for disclosure of patents or for licensing   declarations.  For the latest information on how to submit a patent   disclosure or licensing declaration, please seehttp://www.ietf.org/ipr-instructions.   IPR disclosures should be submitted in English, since this is the   working language of the IETF.  Names of persons and companies should   be presented in the way they are usually presented in an English-   speaking context.2.  The Patent Disclosure and Licensing Declaration Template   START OF TEMPLATE   This document is an IETF Patent Disclosure and Licensing Declaration   Template and is submitted to inform the IETF of a) patent information   regarding the IETF document or contribution listed in Section IV, and   b) a Patent Holder's intention with respect to the licensing of its   necessary patent claims.  No actual license is implied by submission   of this template.  Please complete and submit a separate template for   each IETF document or contribution to which the disclosed patent   information relates.   I. Patent Holder/Applicant ("Patent Holder")   Legal Name:   II. Patent Holder's Contact for License Application   Name:   Title:   Department:   Address:   Telephone:   Fax:   Email:See, Ed.                     Informational                      [Page 2]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 2004   III. Contact Information for the IETF Participant Whose Personal   Belief Triggered the Disclosure in this Template (Optional)   Name:   Title:   Department:   Address:   Telephone:   Fax:   Email:   IV. IETF Document or Contribution to Which Patent Disclosure Relates   Title:   RFC Number or I-D Tag:   Other Designations:   V. Disclosure of Patent Information (i.e., patents or patent   applications required to be disclosed bySection 6 of RFC 3668)   A. For granted patents or published pending patent applications,   please provide the following information:   Patent, Serial, Publication, Registration, or Application/File   number(s):   Date(s) granted or applied for (YYYY-MM-DD):   Country(ies):   B. Does your disclosure relate to an unpublished pending patent   application?   Select one:  Yes  ______  No ______See, Ed.                     Informational                      [Page 3]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 2004   C. If an Internet-Draft or RFC includes multiple parts and it is not   reasonably apparent which part of such an Internet-Draft or RFC is   alleged to be covered by the patent information disclosed in Section   V(A) or V(B), it is helpful if the discloser identifies here the   sections of the Internet-Draft or RFC that are alleged to be so   covered.   VI. Licensing Declaration   The Patent Holder states that its position with respect to licensing   any patent claims contained in the patent(s) or patent application(s)   disclosed above that would necessarily be infringed by implementation   of the technology required by the relevant IETF specification   ("Necessary Patent Claims"), for the purpose of implementing such a   specification, is as follows (select one licensing declaration option   only):   a) ___   No License Required for Implementers              Check here if commitment to forgo a license is limited              solely to standards-track RFCs ___   b) ___   Royalty-Free, Reasonable, and Non-Discriminatory License to            All Implementers              Check here if this commitment to license is limited solely              to standards-track RFCs ___   c) ___   Reasonable and Non-Discriminatory License to All            Implementers with Possible Royalty/Fee              Check here if this commitment to license is limited solely              to standards-track RFCs ___   d) ___   Licensing Declaration to be Provided Later (implies a            willingness to commit to the provisions of a), b), or c)            above; otherwise, the next option - "Unwilling to Commit to            the Provisions of a), b), or c) Above" - must be selected)   e) ___   Unwilling to Commit to the Provisions of a), b), or c)            Above   NOTE: The individual submitting this template represents and warrants   that he or she is authorized by the Patent Holder to agree to the   above-selected licensing declaration.   VII. Contact Information of Submitter of this Form (if different from   IETF Participant in Section III above)See, Ed.                     Informational                      [Page 4]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 2004   Name:   Title:   Department:   Address:   Telephone:   Fax:   Email:   VIII. Other Notes:   END OF TEMPLATE3.  Commentary on Terms Used in the Template   Section III requests contact information for the Patent Holder's IETF   participant whose personal belief that necessary patent claims are   implicated by an IETF document or contribution caused this template   to be filed.  This is an optional section.  However, if Section III   is not completed, then Section VII must be completed.  Even if   Section III is completed, Section VII must still be completed if the   submitter of this template is different from the IETF participant   identified in Section III.   The "Other Designations" field in Section IV may be used to identify   an IETF contribution (oral or written) other than an Internet-Draft   or RFC to which a disclosure is related.   Here is an explanation of the licensing declaration options in   Section VI of the template:   a) No License Required for Implementers: The Patent Holder does not      require parties to acquire any license to its Necessary Patent      Claims in order to make, have made, use, import, offer to sell,      sell, or distribute technology that implements such an IETF      specification.   b) Royalty-Free, Reasonable, and Non-Discriminatory License to All      Implementers: The Patent Holder is willing, upon request, to grant      a license to its Necessary Patent Claims to all persons on a      royalty-free basis (i.e., no royalty or other fee) and under other      reasonable and non-discriminatory terms and conditions, to make,See, Ed.                     Informational                      [Page 5]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 2004      have made, use, import, offer to sell, sell, and distribute      technology that implements such an IETF specification.   c) Reasonable and Non-Discriminatory License to All Implementers with      Possible Royalty/Fee: The Patent Holder is willing, upon request,      to grant a license to its Necessary Patent Claims to all persons      under reasonable and non-discriminatory terms and conditions      (which may include a royalty/fee), to make, have made, use,      import, offer to sell, sell, and distribute technology that      implements such an IETF specification.   d) Licensing Declaration to be Provided Later: The Patent Holder is      willing to commit to the provisions of a), b), or c) above, but      wants to defer its specific selection of one of these licensing      declaration options until a later point in time (or when asked for      this information by the IESG).  This option may not be selected if      the Patent Holder is unwilling to commit to the provisions of a),      b), or c) above.  In that case, the Patent Holder must select      licensing declaration option e) - "Unwilling to Commit to the      Provisions of a), b), or c) Above."   e) Unwilling to Commit to the Provisions of a), b), or c) Above: The      Patent Holder indicates an unwillingness to commit to the      provisions of any of options a), b), or c) described above.   Options a), b), and c) above also allow the Patent Holder to indicate   (with a check) whether its licensing declaration is limited solely to   standards-track RFCs.  If left unchecked, the Patent Holder's   licensing declaration will be deemed to apply to any implementation   of the relevant IETF specification, including non-standards-track   documents and Internet-Drafts.  However, the Patent Holder may list   other conditions or restrictions on its commitment to forego a   license (option a)) or on its commitment to license (options b) and   c)) in Section VIII - "Other Notes."  This standards-track qualifier   is not relevant to licensing declaration options d) and e), because   under d) the Patent Holder has not yet indicated its specific   licensing intention and under e) the Patent Holder has indicated a   general refusal to commit to the provisions of any of options a), b),   or c) above.   Section VIII in the template, "Other Notes," may be used for any   additional information a discloser or Patent Holder wishes to   provide.  For example, a Patent Holder may use the "Other Notes"   Section to indicate any other conditions or restrictions on the   licensing declaration option selected in Section VI (e.g., 1)   reciprocity, or 2) that a license will only be made available for   implementations of any RFC (standards-track or non-standards-track),   but not for implementations of Internet-Drafts or other documents).See, Ed.                     Informational                      [Page 6]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 20044.  Security Considerations   This document relates to the IETF process, not any particular   technology.  There are security considerations when adopting any   particular technology, regardless of whether patent or patent   application disclosures or licensing declarations are implicated by   such technology.  A working group should take those security   considerations into account as one part of evaluating the technology,   but there are no security considerations per se with these IETF   processes.5.  Normative References   [RFC3668] Bradner, S., "Intellectual Property Rights in IETF             Technology",BCP 79,RFC 3668, February 2004.6.  Acknowledgments   The authors acknowledge the thoughtful contributions of Harald   Alvestrand and Scott Bradner to this document.See, Ed.                     Informational                      [Page 7]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 20047.  Editor's Address   Valerie See   Microsoft Corporation   One Microsoft Way   Redmond, WA 98052 USA   EMail: vsee@microsoft.com8.  Authors' Addresses   Robert Barr   Cisco Systems, Inc.   170 West Tasman Drive   San Jose, CA 95134 USA   EMail: rbarr@cisco.com   Scott Brim   Cisco Systems, Inc.   146 Honess Lane   Ithaca, NY 14850 USA   EMail: sbrim@cisco.com   Paul Gleichauf   Cisco Systems, Inc.   170 West Tasman Drive   San Jose, CA 95134 USA   EMail: phg@cisco.com   Allen Lo   Juniper Networks   1194 North Mathilda Ave.   Sunnyvale, CA 94089 USA   EMail: alo@juniper.netSee, Ed.                     Informational                      [Page 8]

RFC 3905     Patent Disclosures and Licensing DeclarationsSeptember 20049.  Full Copyright Statement   Copyright (C) The Internet Society (2004).   This document is subject to the rights, licenses and restrictions   contained inBCP 78, and except as set forth therein, the authors   retain all their rights.   This document and the information contained herein are provided on an   "AS IS" basis and THE CONTRIBUTOR, THE ORGANIZATION HE/S HE   REPRESENTS OR IS SPONSORED BY (IF ANY), THE INTERNET SOCIETY AND THE   INTERNET ENGINEERING TASK FORCE DISCLAIM ALL WARRANTIES, EXPRESS OR   IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF   THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED   WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Intellectual Property   The IETF takes no position regarding the validity or scope of any   Intellectual Property Rights or other rights that might be claimed to   pertain to the implementation or use of the technology described in   this document or the extent to which any license under such rights   might or might not be available; nor does it represent that it has   made any independent effort to identify any such rights.  Information   on the IETF's procedures with respect to rights in IETF Documents can   be found inBCP 78 andBCP 79.   Copies of IPR disclosures made to the IETF Secretariat and any   assurances of licenses to be made available, or the result of an   attempt made to obtain a general license or permission for the use of   such proprietary rights by implementers or users of this   specification can be obtained from the IETF on-line IPR repository athttp://www.ietf.org/ipr.   The IETF invites any interested party to bring to its attention any   copyrights, patents or patent applications, or other proprietary   rights that may cover technology that may be required to implement   this standard.  Please address the information to the IETF at ietf-   ipr@ietf.org.Acknowledgement   Funding for the RFC Editor function is currently provided by the   Internet Society.See, Ed.                     Informational                      [Page 9]