| Thread Links | Date Links | ||||
|---|---|---|---|---|---|
| Thread Prev | Thread Next | Thread Index | Date Prev | Date Next | Date Index |
Sorry about the autocorrect, thinking this should go to TGbf! Mark From: mark.hamilton2152@xxxxxxxxx <mark.hamilton2152@xxxxxxxxx> 802.11 TGbt members, On a recent TGbt teleconference, a member had completed the presentation of a technical submission, and during the following Q&A a question was asked to the effect “Have any patents been filed on this topic?” At that time, I objected to this question feeling it was (or could perhaps be) contrary to the guidelines we have for conducting IEEE-SA standards meetings. There was a brief discussion about whether this question was in fact inappropriate or not, and this ended with me taking an action item to contact the Working Group Chair and Patcom (IEEE SA Standards Board Patent Committee), to get clarity on the policy(ies). I have done that, and here is the response I received from the Director, IEEE SA Governance acting as the Secretary of Patcom, and I believe this is consistent with direction from the WG Chair in off-line discussion: IEEE SA Standards Board Bylaws 6.2 contains: "In order for IEEE’s patent policy to function efficiently, individuals participating in the standards development process: (a) shall inform the IEEE (or cause the IEEE to be informed) of the holder of any potential Essential Patent Claims of which they are personally aware and that are not already the subject of an Accepted Letter of Assurance, that are owned or controlled by the participant or the entity the participant is from, employed by, or otherwise represents; and (b) should inform the IEEE (or cause the IEEE to be informed) of any other holders of potential Essential Patent Claims that are not already the subject of an Accepted Letter of Assurance." It appears that item (a) is most relevant to our discussion. There is nothing that states the timing parameters for taking an action. And, the noted options include 'cause the IEEE to be informed'. The IEEE SA Standards Board Patent Committee (PatCom) has developed a slide set that is recommended to be used as the Call for Patents. Please see https://mentor.ieee.org/myproject/Public/mytools/mob/slideset.pdf. There are three ways to inform IEEE that are noted on Slide 2. Option 1 is 'cause an LOA to be submitted', which is essentially what the Bylaws states as 'cause the IEEE to be informed'. Again, there is no stated timing parameter. Option 3 of 'speak up now' is certainly linked to the Call for Patents and the particular standards development meeting at issue. Option 2 could be linked to the particular standards development meeting at issue, but also allows for later notification (i.e., 'as soon as possible'). If Participant X is recognized by the Chair and asks Participant Y something along the lines of 'Are there any patents related to your presentation?', it will basically be impossible to stop the question from happening. However, Participant Y should not be 'put on the spot' and feel obliged to answer in real-time, as both the Bylaws and the Call for Patents slides permit a response to occur via a future action of 'cause the IEEE to be informed' [or 'cause an LOA to be submitted']. The Chair of the meeting should redirect participants to the request made within the Call for Patents. Please see the slides at https://mentor.ieee.org/myproject/Public/mytools/mob/slideset.pdf. I believe this addresses the issue, and completes my action item. Thanks. Mark To unsubscribe from the STDS-802-11-TGBT list, click the following link: https://listserv.ieee.org/cgi-bin/wa?SUBED1=STDS-802-11-TGBT&A=1 |