RFC 3979:Intellectual Property Rights in IETF Tech...
RFC-Ref

IPR


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... his or her represented organization, if any) to perform a patent search to find applicable IPR. m. "Implementing Technology": means a technology that implements an ...
... in an unappealed or unappealable decision. o. "IPR" or "Intellectual Property Rights": means patent, copyright, utility model, invention registration ...


... 2026 was published there have been a number of times when the exact intent of Section 10, the section which deals with IPR disclosures has been the subject of vigorous debate within the IETF community ...
... IETF working groups to have to deal with claims of Intellectual Property Rights (IPR), such as patent rights, with regards to technology under discussion in working groups ...
... IETF is, or should be, doing. IPR disclosures can come at any point in the IETF Standards Process, e.g., before the first Internet-Draft ...
... IETF will make no determination about the validity of any particular IPR claim (b) the IETF following normal processes can decide to use technology ...
... (b) the IETF following normal processes can decide to use technology for which IPR disclosures have been made if it decides that such a use is warranted (c) in order for the working group ...
... of a particular technology, all those contributing to the working group's discussions must disclose the existence of any IPR the Contributor or other IETF participant believes Covers or may ...
... email or by other means. The requirement applies to all IPR of the participant, the participant's employer, sponsor, or others represented by the participants, that is reasonably and personally known to the ...
... 2026. The rules and procedures set out in this document are not intended to modify or alter the IETF's current policy toward IPR in the context of the IETF Standards ...


... Actions for Documents for which IPR Disclosure(s) Have Been Received ...
... (B) The IESG disclaims any responsibility for identifying the existence of or for evaluating the applicability of any IPR, disclosed or otherwise, to any IETF technology, specification or ...
... standard, and will take no position on the validity or scope of any such IPR claims. (C) Where Intellectual Property Rights ...
... Intellectual Property Rights have been disclosed for IETF Documents as provided in Section 6 of this document, the IETF Executive Director shall request from the discloser of such IPR, a written assurance that upon approval by the IESG for ...


... The RFC Editor will ensure that the following notice is present in all IETF RFCs and all other RFCs for which an IPR disclosure or assertion has been received prior to publication. ...
... BCP 79. Copies of IPR disclosures made to the IETF Secretariat and any assurances of licenses to be made available, or the result of an ...
... of such proprietary rights by implementers or users of this specification can be obtained from the IETF on-line IPR repository at http://www.ietf.org/ipr. ...


... IPR Disclosures ...
... This section discusses aspects of obligations associated with IPR disclosure. ...
... IETF act as individuals. A participant's obligation to make a disclosure is also considered satisfied if the IPR owner or the participant's employer or sponsor makes an appropriate disclosure in place of the participant doing so. ...
... Who Must Make an IPR Disclosure? ...
... A Contributor's IPR in his or her Contribution ...
... Any Contributor who reasonably and personally knows of IPR meeting the conditions of Section 6.6 which the Contributor believes Covers or may ultimately Cover his or her Contribution, or which the ...
... any means including electronic or spoken comments, unless the latter are rejected from consideration before a disclosure could reasonably be submitted. An IPR discloser is requested to withdraw a previous disclosure if a revised Contribution negates the previous IPR ...
... be submitted. An IPR discloser is requested to withdraw a previous disclosure if a revised Contribution negates the previous IPR disclosure, or to amend a previous disclosure if a revised Contribution substantially alters the previous disclosure. ...
... Contribution substantially alters the previous disclosure. Contributors must disclose IPR meeting the description in this section; there are no exceptions to this rule. ...
... An IETF Participant's IPR in Contributions by Others ...
... IETF discussion who reasonably and personally knows of IPR meeting the conditions of Section 6.6 which the individual believes Covers or may ultimately Cover a Contribution made by another person, or which such IETF participant ...
... IPR of Others ...
... If a person has information about IPR that may Cover IETF Contributions, but the participant is not required to disclose ...
... IETF Contributions, but the participant is not required to disclose because they do not meet the criteria in Section 6.6 (e.g., the IPR is owned by some other company), such person is encouraged to notify ...
... Timely IPR disclosure is important because working groups need to have as much information as they can while they are evaluating ...
... The IPR disclosure required pursuant to section 6.1.1 must be made as soon as reasonably possible after the Contribution is published in an Internet Draft ...
... For example, if the Contribution is an update to a Contribution for which an IPR disclosure has already been made and the applicability of the disclosure is not changed by the new Contribution, then no new disclosure is required. But if the Contribution is a new one, or is ...
... disclosure is required. But if the Contribution is a new one, or is one that changes an existing Contribution such that the revised Contribution is no longer Covered by the disclosed IPR or would be Covered by new or different IPR, then a disclosure must be made. ...
... Contribution is no longer Covered by the disclosed IPR or would be Covered by new or different IPR, then a disclosure must be made. If a Contributor first learns of IPR ...
... IPR, then a disclosure must be made. If a Contributor first learns of IPR in its Contribution that meets the conditions of Section 6.6, for example a new patent application or the discovery of a relevant patent in a patent portfolio, after ...
... the Contribution is published in an Internet-Draft, a disclosure must be made as soon as reasonably possible after the IPR becomes reasonably and personally known to the Contributor. ...
... The IPR disclosure required pursuant to section 6.1.2 must be made as soon as reasonably possible after the Contribution is published in an Internet Draft ...
... Internet Draft or RFC, unless the required disclosure is already on file. Participants who realize that the IPR will be or has been incorporated into a submission to be published in an Internet Draft, ...
... posted or ready for posting. If a participant first learns of IPR that meets the conditions of Section 6.6 in a Contribution by another party, for example a new patent application or the discovery of a relevant patent in a patent ...
... Internet-Draft or RFC, a disclosure must be made as soon as reasonably possible after the IPR becomes reasonably and personally known to the participant. ...
... IPR disclosures are made by following the instructions at http://www.ietf.org/ipr-instructions. ...
... The requirement for an IPR disclosure is not satisfied by the ...
... Since IPR disclosures will be used by IETF working groups during their evaluation of alternative technical solutions, it is helpful if ...
... IETF working groups during their evaluation of alternative technical solutions, it is helpful if an IPR disclosure includes information about licensing of the IPR in case Implementing Technologies require a license ...
... their evaluation of alternative technical solutions, it is helpful if an IPR disclosure includes information about licensing of the IPR in case Implementing Technologies require a license. Specifically, it ...
... payment, or c) without the need to obtain a license from the IPR holder. The inclusion of licensing information in IPR ...
... IPR holder. The inclusion of licensing information in IPR disclosures is not mandatory but it is encouraged so that the working groups will have ...
... working groups will have as much information as they can during their deliberations. If the inclusion of licensing information in an IPR disclosure would significantly delay its submission it is quite reasonable to submit a disclosure without licensing information and then submit a new ...
... IPR disclosures under Sections 6.1.1. and 6.1.2 are required with respect to IPR that is owned directly or indirectly, by the ...
... IPR disclosures under Sections 6.1.1. and 6.1.2 are required with respect to IPR that is owned directly or indirectly, by the individual or his/her employer or sponsor (if any) or that such persons otherwise have the right to license ...


... There are cases where individuals are not permitted by their employers or by other factors to disclose the existence or substance of patent applications or other IPR. Since disclosure is required for anyone submitting documents or participating in IETF discussions ...
... IETF discussions, a person who does not disclose IPR for this reason, or any other reason, must not contribute to or participate in IETF activities with ...
... IETF activities with respect to technologies that he or she reasonably and personally knows to be Covered by IPR which he or she will not disclose. Contributing to or participating in IETF discussions ...
... IETF discussions about a technology without making required IPR disclosures is a violation of IETF process. ...


... In general, IETF working groups prefer technologies with no known IPR claims or, for technologies with claims against them, an offer of royalty-free licensing. But IETF working groups ...
... terms, or even with no licensing commitment, if they feel that this technology is superior enough to alternatives with fewer IPR claims or free licensing to outweigh the potential cost of the licenses. ...
... security technology can be specified in an IETF specification unless it has no known IPR claims against it or a royalty-free license is available to ...
... mandatory-to-implement. It should also be noted that the absence of IPR disclosures is not the same thing as the knowledge that there will be no IPR claims in ...
... It should also be noted that the absence of IPR disclosures is not the same thing as the knowledge that there will be no IPR claims in the future. People or organizations not currently involved in the IETF ...
... the future. People or organizations not currently involved in the IETF or people or organizations that discover IPR they feel to be relevant in their patent portfolios can make IPR disclosures at any ...
... IETF or people or organizations that discover IPR they feel to be relevant in their patent portfolios can make IPR disclosures at any time. ...
... It should also be noted that the validity and enforceability of any IPR may be challenged for legitimate reasons, and the mere existence of an IPR disclosure should not automatically be taken to mean that ...
... IPR may be challenged for legitimate reasons, and the mere existence of an IPR disclosure should not automatically be taken to mean that the disclosed IPR is valid ...
... of an IPR disclosure should not automatically be taken to mean that the disclosed IPR is valid or enforceable. Although the IETF can ...
... make no actual determination of validity, enforceability or applicability of any particular IPR claim, it is reasonable that a working group will take into account on their own opinions of the ...


... implementations must also have resulted from separate exercise of the licensing process." A key word in this text is "required." The mere existence of disclosed IPR does not necessarily mean that licenses are actually required in order to implement the technology. Section 4.1 of this document should be taken to apply to the case where there ...
... that they needed to license the technology and they have no plausible indications that any IPR holder(s) will try to enforce their IPR. ...
... license the technology and they have no plausible indications that any IPR holder(s) will try to enforce their IPR. ...


... No IPR Disclosures in IETF Documents ...
... IETF and RFC Editor Documents must not contain any mention of specific IPR. All specific IPR disclosures must be submitted as described in Section 6. Specific IPR ...
... IETF and RFC Editor Documents must not contain any mention of specific IPR. All specific IPR disclosures must be submitted as described in Section 6. Specific IPR disclosures must not be in the ...
... IPR. All specific IPR disclosures must be submitted as described in Section 6. Specific IPR disclosures must not be in the affected IETF and RFC Editor Documents because the reader could be ...
... affected IETF and RFC Editor Documents because the reader could be misled. The inclusion of a particular IPR disclosure in a document could be interpreted to mean that the IETF, IESG ...
... formed an opinion on the validity, enforceability, or applicability of the IPR. The reader could also be misled to think that the included IPR disclosures are the only IPR ...
... of the IPR. The reader could also be misled to think that the included IPR disclosures are the only IPR disclosures the IETF has ...
... IPR. The reader could also be misled to think that the included IPR disclosures are the only IPR disclosures the IETF has received concerning the IETF document ...
... IETF document. Readers should always refer to the on-line web page to get a full list of IPR disclosures received by the IETF concerning any Contribution. ...


... There are security considerations when adopting any technology, whether IPR-protected or not. A working group should take those security considerations ...
... security considerations into account as one part of evaluating the technology, just as IPR is one part, but there are no known issues of security with IPR ...
... IPR is one part, but there are no known issues of security with IPR procedures. ...


... The editor would like to acknowledge the help of the IETF IPR Working Group and, in particular the help of Jorge Contreras of Hale and Dorr for his careful legal reviews of this and other IETF ...
... Working Group and, in particular the help of Jorge Contreras of Hale and Dorr for his careful legal reviews of this and other IETF IPR-related and process documents. The editor would also like to thank Valerie See for her extensive comments and suggestions. ...


... BCP 79. Copies of IPR disclosures made to the IETF Secretariat and any assurances of licenses to be made available, or the result of an ...
... such proprietary rights by implementers or users of this specification can be obtained from the IETF on-line IPR repository at http://www.ietf.org/ipr. ...



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