IEEE 1481 Patent Policy
IEEE 1481 operates under the Patent Policy of the IEEE Standards Association, as set forth in Section 6 of the IEEE-SA Standards Board Bylaws.
IEEE 1481 Patent Procedures
IEEE 1481 operates under the operational procedures found in Section 6.3 of the IEEE-SA Standards Board Operations Manual.
In consultation with Understanding Patent Issues During IEEE Standards Development, as published by the IEEE-SA Standards Board Patent Committee, IEEE 1481 has developed the following detailed Patent Procedures:
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 1481 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 1481 does not permit discussions concerning subjects such as the pricing for use of a patent, how a patent should be licensed, validity or interpretation of a patent claim, or any terms or conditions of use.
If any individual, whether participating in IEEE 1481 or not, believes that patented technology (or technology under patent application) might be incorporated into a draft standard being developed within the IEEE 1481 Working Group, that individual should notify the Working Group Chair. 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 Notices On File with IEEE 1481. The Chair and the Working Group will take no position regarding the validity or applicability of any patents.
Written contributions to IEEE 1481 standards development will not be accepted without an acknowledgment of familiarity with the IEEE 1481 Patent Policy and Procedures. This acknowledgment will be part of the mandatory contribution cover sheet and will read:
The contributor is familiar with the IEEE 1481 Patent Policy including the statement "IEEE standards may include the known use of patent(s), including patent applications, provided the IEEE receives assurance from the patent holder or applicant with respect to patents essential for compliance with both mandatory and optional portions of 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 [http://email@example.com] as early as possible, in written or electronic form, if patented technology (or technology under patent application) might be incorporated into a draft standard being developed within the IEEE 1481 Working Group. The Chair will disclose this notification via the IEEE 1481 web site [http://www.si2.org/OLA/olaworkgroup].
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 IEEE-SA Patent Committee, in accordance with the instructions in the IEEE-SA Patent Licensing Procedures. The blank 1481 Letter of Assurance form is available. If available, the letter will be posted and indexed on the IEEE 1481 web site. When the Patent Committee has accepted the letter as a Letter of Assurance, information regarding the letter will be indexed in the IEEE-SA Letter of Assurance Database.
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