doc.: IEEE 802.11-07/2788r1 Submission November 2007 Bruce Kraemer (Marvell); Darwin Engwer(Nortel)Slide 4 Highlights of the IEEE-SA Standards Board Bylaws on Patents in Standards –Participants have a duty to tell the IEEE if they know (based on personal awareness) of potentially Essential Patent Claims they or their employer own –Participants are encouraged to tell the IEEE if they know of potentially Essential Patent Claims owned by others This encouragement is particularly strong as the third party may not be a participant in the standards process –Working Group required to request assurance –Early assurance is encouraged –Terms of assurance shall be either: Reasonable and nondiscriminatory, with or without monetary compensation; or, A statement of non-assertion of patent rights –Assurances Shall be provided on the IEEE-SA Standards Board approved LOA form May optionally include not-to-exceed rates, terms, and conditions Shall not be circumvented through sale or transfer of patents Shall be brought to the attention of any future assignees or transferees Shall apply to Affiliates unless explicitly excluded Are irrevocable once submitted and accepted Shall be supplemented if Submitter becomes aware of other potential Essential Patent Claims –A Blanket Letter of Assurance may be provided at the option of the patent holder –A patent holder has no duty to perform a patent search –Full policy available at http://standards.ieee.org/guides/bylaws/sect6-7.html#6 1
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