TAKE NOTE: new IEEE 802.16 Patent Policy and Procedures
IEEE 802.16 Patent Policy and Procedures, developed in consultation
with the Patent Committee (PatCom) of the IEEE-SA Standards Board,
have been approved and can be found at
<http://ieee802.org/16/ipr/patents/policy.html>.
ALL PARTICIPANTS IN IEEE 802.16 MUST READ AND UNDERSTAND THE 802.16
PATENT POLICY AND PROCEDURES! I strongly encourage you to do so.
For your convenience, I have included an ASCII translation below.
However, I recommend the official hyperlinked version on the web.
In accordance with the new procedures, I have posted Revision 8 of
the IEEE 802.16 Document Submission Template
http://ieee802.org/16/docs/802_16_template.doc
and of the IEEE 802.16 Presentation Submission Template
http://ieee802.org/16/docs/802_16_present.ppt
The use of these template (which also include the
previously-announced document release language
<http://ieee802.org/16/ipr/copyrights/release.html>) is mandatory on
new contributions!
Cheers!
Roger
Roger B. Marks <mailto:marks@nist.gov>
Chair, IEEE 802.16 Working Group on Broadband Wireless Access
<http://ieee802.org/16>
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IEEE 802.16 Patent Policy
IEEE 802.16 operates under the Patent Policy of the IEEE Standards
Association, as set forth in Clause 6 of the IEEE-SA Standards Board
Bylaws. This policy includes the statement:
"IEEE standards may include the known use of patent(s), including
patent applications, if there is technical justification in the
opinion of the standards-developing committee and provided the IEEE
receives assurance from the patent holder that it will license
applicants under reasonable terms and conditions for the purpose of
implementing the standard."
IEEE 802.16 interprets "in the opinion of the standards-developing
committee" as "in the opinion of the members of the Working Group."
Early disclosure to the Working Group participants of patent
information that might be relevant to the standard is essential to
reduce the possibility for delays in the development process and to
increase the likelihood that the draft publication will be approved
for publication. IEEE 802.16 strives to make such information
available as soon as possible for consideration by individual members
in their voting decisions. However, in its meetings and electronic
forums, IEEE 802.16 does not permit discussions concerning the
validity or applicability of intellectual property claims. The only
role a patent claim plays in Working Group discussions concerns
ensuring compliance to the IEEE 802.16 Patent Policy and Procedures.
Justification for the inclusion of technology is limited to the
technical merits of the technology.
IEEE 802.16 Patent Procedures
In consultation with the IEEE-SA Standards Board Patent Committee
(PatCom), IEEE 802.16 has developed the following Patent Procedures:
1. Anyone, whether participating in IEEE 802.16 or not, should notify
the Chair of any patents (granted or under application, and
regardless of the assignee or the patent nationality) that may cover
technology that is under consideration by or has been approved by
IEEE 802.16. Such notification should be in written or electronic
form (email is preferred) and need not make any statement concerning
enforcement or licensing. The Chair will presume that such
notification is intended for public release and will, as soon as
practical, post it to the web along with other Patent Information On
File with IEEE 802.16. The Chair and the Working Group will take no
position regarding the validity or applicability of any patents.
2. Written contributions to IEEE 802.16 standards development will
not be accepted without an acknowledgement of familiarity with the
IEEE 802.16 Patent Policy and Procedures. This acknowledgement will
be part of the mandatory contribution cover sheet and will read:
'The contributor is familiar with the IEEE 802.16 Patent Policy and
Procedures (Version #), including the statement "IEEE standards may
include the known use of patent(s), including patent applications, if
there is technical justification in the opinion of the
standards-developing committee and provided the IEEE receives
assurance from the patent holder that it will license applicants
under reasonable terms and conditions for the purpose of implementing
the standard."
Early disclosure to the Working Group of patent information that
might be relevant to the standard is essential to reduce the
possibility for delays in the development process and increase the
likelihood that the draft publication will be approved for
publication. Please notify the Chair as early as possible, in written
or electronic form, of any patents (granted or under application)
that may cover technology that is under consideration by or has been
approved by IEEE 802.16. The Chair will disclose this notification
via the IEEE 802.16 web site.'
3. The Chair, once formally notified and once a potentially relevant
draft standard exists, shall write to the identified party and
request that a Letter of Assurance be filed with the Chair for
forwarding to the IEEE-SA Patent Committee, in accordance with the
instructions in the IEEE-SA Standards Board Operations Manual. A
sample
request letter and response letter are available. When the Patent
Committee has accepted the letter as a Letter of Assurance,
information regarding the letter will be indexed in the Records of
IEEE Standards-Related Patents.