Date: Thu, 28 Mar 2024 10:52:26 +0000 (UTC) Message-ID: <158232684.157.1711623146242@6b6c2387eee8> Subject: Exported From Confluence MIME-Version: 1.0 Content-Type: multipart/related; boundary="----=_Part_156_273558789.1711623146241" ------=_Part_156_273558789.1711623146241 Content-Type: text/html; charset=UTF-8 Content-Transfer-Encoding: quoted-printable Content-Location: file:///C:/exported.html
This version:
https://aggateway.atlassian.net/wiki/x/nI= EjsQ
Latest version:
https://aggateway.atlassian.net/wiki/x/nI= EjsQ
Previous version:
https://aggateway.atlassian.net/wiki/x/Eg= L5RQ
Editor:
James A. Wilson, AgGateway, jim.wilson@aggateway.org
Errata:
Please refer to the errata for this document, which may inc= lude some normative corrections.
The AgGateway Patent Policy governs the handling of patents in the proce= ss of producing agriculture-industry Digital Resources [PROCESS, section 2]. The goal of this policy is to a= ssure that Digital Resources produced under this policy can be implemented = on a Royalty-Free (RF) basis.
The term digital resource is defined as: Refers t= o any digital content developed with the intent of assisting companies with= implementing electronic connectivity between systems and devices within th= eir own company, and between their company and other companies. Digital Res= ource includes standards, guidelines, communications tools, project-managem= ent tools, implementation tools, and requirements or proposals passed on to= a Collaborating Digital Resources Body. [PROCESS, section 2]
This is the version of the AgGateway Patent Policy.
This document has been approved by the AgGateway Board of Directors= effective
Please report errors in this document to Member.Services@= AgGateway.org. The list of known errors is public.
The English version of this policy is the only normative version.
Updated =C2=A7 4.2 to add additional paragraph at end of section.
This patent policy describes:
licensing goals for AgGateway Digital Resources
licensing obligations that Working Group participants will undertake as = a condition of Working Group [PROCESS, section 2] participation, along= with means of excluding specific patents from those obligations
the definition of an AgGateway Royalty-Free license
disclosure rules for AgGateway Members
an exception-handling process for situations in which the Royalty-Free s= tatus of a specification comes under question
definition of Essential Claims (defined in Section 8 herein) <= /p>
All numbered sections of this document (1-8), as well as hyperlinks to m= aterial within and outside of this document, are normative. All sectio= ns of The AgGateway Digital Resource-Development Process (=E2=80=9CPROCESS= =E2=80=9D) referenced in this patent policy are incorporated into this poli= cy.
In order to promote the widest adoption of agriculture-related Digital R= esources, AgGateway seeks to issue Digital Resources that can be implemente= d on a Royalty-Free (RF) basis. Subject to the conditions of this policy, A= gGateway will not publish a Digital Resource if it is aware that Essential = Claims exist which are not available on Royalty-Free terms.
To this end, Working Group [P= ROCESS, section 2] charters will include a reference to this policy and= a requirement that specifications produced by the Working Group will be im= plementable on an RF basis, to the best ability of the Working Group and Ag= Gateway.
The following obligations shall apply to all participants in AgGateway W= orking Groups. These obligations will be referenced from each Working Group= charter and Calls for Participation [PROCESS, sections 3 and 4].
As a condition of participating in a Working Group, each participant (Ag= Gateway Members [PROCESS, section= s 3 and 4], invited experts, and members of the public) shall agree to make= available under AgGateway RF licensing requirements any Essential Claims r= elated to the work of that particular Working Group. This requirement inclu= des Essential Claims that the participant owns and any that the participant= has the right to license without obligation of payment or other considerat= ion to an unrelated third party. With the exception of the provisions of se= ction 4 below, AgGateway RF licensing obligations made concerning the work = the particular Working Group and described in this policy are binding on pa= rticipants for the life of the patents in question and encumber the patents= containing Essential Claims, regardless of changes in participation status= or AgGateway Membership.
Only the affirmative act of joining a Working Group, or otherwise agreei= ng to the licensing terms described here, will obligate a Member to the AgG= ateway RF licensing commitments. Mere Membership in AgGateway alone, withou= t other factors, does not give rise to the RF licensing obligation under th= is policy.
At the time an AgGateway Member Submission [PROCESS, section 7] is made, all Submitters and any othe= rs who provide patent licenses associated with the submitted document must = indicate whether or not each entity (Submitters and other licensors) will o= ffer a license according to the AgGateway RF licensing requirements for any= portion of the Submission that is subsequently incorporated in an AgGatewa= y Digital Resource. The AgGateway Team may acknowledge the Submission if th= e answer to the licensing commitment is either affirmative or negative, and= shall not acknowledge the Submission if no response is provided.
Invited experts participate in Working Groups in their individual capaci= ty. An invited expert is only obliged to license those claims over which s/= he exercises control.
Under the following conditions, Working Group participants may exclude s= pecifically identified and disclosed Essential Claims from the overall AgGa= teway RF licensing requirements:
Essential Claims may be excluded from the AgGateway RF licensing require= ments by a participant who seeks to remain in the Working Group only if tha= t participant indicates no later than 10 days after the Working Group deliv= ers any Proposed New Digital Resource to the Digital Resource Center [PROCE= SS, sections 3 and 4] its refusal to license Essential Claims and specifica= lly discloses the Essential Claims that will not be licensed on AgGateway R= F. A participant who excludes Essential Claims may continue to participate = in the Working Group.
If any claims are made essential by the Digital Resource's publication [= PROCESS, sections 3 and 4] a= s a result of subject matter not present or apparent in the latest Proposed= New Digital Resource [PROCESS, s= ections 3 and 4], the participant may exclude these new Essential Claims, a= nd only these claims, by using this exclusion procedure within 60 days afte= r the Digital Resource's publication [PROCESS, sections 3 and 4]. After that point, no claims may be ex= cluded.
A participant may resign from the Working Group no later than 10 days af= ter the Working Group delivers any Proposed New Digital Resource to the Dig= ital Resource Center [PROCESS, se= ctions 3 and 4] and be excused from all licensing commitments arising = out of Working Group participation.
If a participant leaves the Working Group later than 10 days after the W= orking Group delivers any Proposed New Digital Resource to the Digital Reso= urce Center [PROCESS, sections 3 = and 4], that participant is only bound to license Essential Claims based on= subject matter contained in the Proposed New Digital Resource delivered to= the Digital Resource Center before the participant resigned from the Worki= ng Group. In addition, departing participants have 30 days after their actu= al resignation to exclude Essential Claims made essential by documents not = referenced in the Call for Exclusion (see section 4.5) if:
such claims are essential to subject matter that is contained in the lat= est New Proposed Digital Resource delivered to the Digital Resource Center&= nbsp;before the participant resigns, and
such subject matter is not present or apparent in the latest New Propose= d Digital Resource delivered to the Digital Resource Center.
The participant follows the same procedures specified in this section 4 = for excluding claims in issued patents, published applications, and unpubli= shed applications. Participants resigning from a Working Group are still su= bject to all disclosure obligations described in section 6.
An AgGateway member=E2=80=99s membership termination shall result in the= terminated organization/individual=E2=80=99s termination as a participant = in all working groups. Such termination shall be treated as if the organiza= tion/individual resigned from the Working Group as it relates to this polic= y.
[There are no special provisions for this situation. This section is pre= sent to keep the numbered outline in sync with the W3C Patent Policy, from = which this document is derived.]
Exclusion of Essential Claims in pending, unpublished applications follo= ws the procedures for exclusion of issued claims and claims in published ap= plications in section 4.1 through 4.3.
Any exclusion of an Essential Claim in an unpublished application must p= rovide either:
the text of the filed application; or
identification of the specific part(s) of the specification whose implem= entation makes the excluded claim essential.
If option 2 is chosen, the effect of the exclusion will be limited to th= e identified part(s) of the specification.
A Call for Exclusion will be issued by the Working Group Chair indicatin= g the relevant documents against which participants must make exclusion sta= tements as well as precise dates and deadlines for making any exclusions. I= n case there is any dispute about the dates for exclusion, the dates indica= ted in the Call for Exclusion are controlling. The Call for Exclusion will = be sent to the Working Group mailing list and the Board of Directors. In th= e event that a Working Group produces more than one Proposed New Digital Re= source, the exclusion procedure will be employed for each series of documen= ts individually.
With respect to a Digital Resource developed under this policy, an AgGat= eway Royalty-Free license shall mean a non-assignable, non-sublicensable li= cense to make, have made, use, sell, have sold, offer to sell, import, and = distribute and dispose of implementations of the Digital Resource that:
shall be available to all, worldwide, whether or not they are AgGateway = Members;
shall extend to all Essential Claims owned or controlled by the licensor= ;
may be limited to implementations of the Digital Resource, and to what i= s required by the Digital Resource;
may be conditioned on a grant of a reciprocal RF license (as defined in = this policy) to all Essential Claims owned or controlled by the licensee. A= reciprocal license may be required to be available to all, and a reciproca= l license may itself be conditioned on a further reciprocal license from al= l.
may not be conditioned on payment of royalties, fees or other considerat= ion;
may be suspended with respect to any licensee when licensor is sued by l= icensee for infringement of claims essential to implement any AgGateway Dig= ital Resource;
may not impose any further conditions or restrictions on the use of any = technology, intellectual property rights, or other restrictions on behavior= of the licensee, but may include reasonable, customary terms relating to o= peration or maintenance of the license relationship such as the following: = choice of law and dispute resolution;
shall not be considered accepted by an implementer who manifests an inte=
nt not to accept the terms of the AgGateway Royalty-Free license as offered=
by the licensor.
License term:
The RF license conforming to the requirements in this policy shall be ma= de available by the licensor as long as the Digital Resource is in effect. = The term of such license shall be for the life of the patents in question, = subject to the limitations of Section 5(10) herein.
If the Digital Resource is rescinded by AgGateway, then no new licenses = need be granted but any licenses granted before the Digital Resource was re= scinded shall remain in effect.
All Working Group participants are encouraged to provide a contact from = which licensing information can be obtained and other relevant licensing in= formation. Any such information will be made publicly available along with = the patent disclosures for the Working Group in question.
Disclosure is required when both of the following are true:
an individual in a Member organization receives a disclosure request as = described in section 6.3; and
that individual has actual knowledge of a patent which the individual be= lieves contains Essential Claim(s) with respect to the specification for wh= ich disclosure is requested.
Anyone in a Member organization who receives a disclosure request and wh= o has such knowledge must inform their Primary Contact [POLICIES, section 3.5]. Where disclosure is require= d, the Primary Contact will do so.
The disclosure obligation as to a particular claim is satisfied if the h= older of the claim has made a commitment to license that claim under AgGate= way RF licensing requirements and the claim is no longer subject to exclusi= on under section 4. An Essential Claim is no longer subject to exclusion if= a patent holder has affirmatively agreed to license the Essential Claim (e= ffectively waiving its right to exclude such Essential Claim under section = 4) or if the relevant exclusion period under section 4 has lapsed.
Disclosure requests will be included in the "Status of This Document" se= ction of each Digital Resource track document as it reaches each new maturi= ty level (Proposed New Digital Resource, Digital Resource). Separate reques= ts may be issued by AgGateway to any party suspected of having knowledge of= Essential Claims. Such disclosure requests will instruct the recipient to = respond through their Primary Contact (in the case of Members) or an AgGate= way contact (in the case of non-Members). Disclosure requests other than th= ose that appear in the specification itself should be directed to the Prima= ry Contact.
Disclosure requests will provide administrative details for making discl= osures.
Disclosure statements must include:
the patent number, but need not mention specific claims
the Working Group and/or Digital Resource to which it applies
In the case of laid-open or published applications, the Member's good fa= ith disclosure obligation extends to unpublished amended and/or added claim= s that have been allowed by relevant legal authorities and that the Member = believes to be Essential Claims. To satisfy the disclosure obligation for s= uch claims, the Member shall either:
disclose such claims, or
identify those portions of the AgGateway specification likely to be cove= red by such claims.
If an AgGateway Member includes claims in a patent application and such = claims were developed based on information from an AgGateway Working Group = or AgGateway document, the Member must disclose the existence of such pendi= ng unpublished applications.
Satisfaction of the disclosure requirement does not require that the dis= closer perform a patent search or any analysis of the relationship between = the patents that the Member organization holds and the specification in que= stion.
Disclosure of third-party patents is only required where a member of the= AgGateway Executive Staff, a Director on the AgGateway Board of Direc= tors, or Working Group participant has been made aware that the third-= party patent holder or applicant has asserted that its patent contains Esse= ntial Claims, unless such disclosure would breach a pre-existing non-disclo= sure obligation.
The disclosure obligation is an ongoing obligation that begins with the = Call for Participation. Full satisfaction of the disclosure obligation may = not be possible until later in the process when the design is more complete= . In any case, disclosure as soon as practically possible is required.
The disclosure obligation terminates when the Digital Resource is publis= hed or when the Working Group terminates.
Invited experts or members of the public participating in a Working Grou= p must comply with disclosure obligations to the extent of their own person= al knowledge.
Patent disclosure information for each specification on the Digital Reso= urce track will be made public along with each public Working Draft issued = by the Working Group.
In the event a patent has been disclosed that may be essential, but is n= ot available under AgGateway RF licensing requirements, a Patent Advisory G= roup (PAG) will be launched to resolve the conflict. The PAG is an ad-hoc g= roup constituted specifically in relation to the Working Group with the con= flict. A PAG may also be formed without such a disclosure if a PAG could he= lp avoid anticipated patent problems. During the time that the PAG is opera= ting, the Working Group may continue its technical work within the bounds o= f its charter.
A PAG may also be convened in the event Essential Claims are discovered = after a Digital Resource is published. In this case the PAG will be open to= any interested Member, though the PAG may choose to meet without the holde= r of the Essential Claims in question.
The PAG is composed of:
Chairman of the AgGateway Board of Directors, who may delegate the assig= nment to the Vice Chairman
The AgGateway President
The AgGateway Chief Technology Officer
The AgGateway Chief Operating Officer
AgGateway counsel
Working Group Chair, ex officio
Others as designated by the AgGateway President
AgGateway Member participants in the PAG should be authorized to represe= nt their organization's views on patent licensing issues. Any participant i= n the PAG may also be represented by legal counsel, though this is not requ= ired. Invited experts are not entitled to participate in the PAG, though th= e PAG may choose to invite any qualified experts who would be able to assis= t the PAG in its determinations.
AgGateway expects to provide qualified legal advice to all PAGs in the f= orm of a Team member who develops experience with the PAG process and paten= t issues at AgGateway. Legal advice to the PAG will represent the interests= of AgGateway as a whole. AgGateway plans to have lawyers present at meetin= gs on a case-by-case basis as required by applicable agenda topics.
The PAG will be convened by the AgGateway Chief Technology Officer, base= d on a PAG charter developed by the AgGateway Chief Technology Officer, AgG= ateway counsel, and the Working Group Chair. The timing for convening the P= AG is at the discretion of the AgGateway President, based on consultation w= ith the Chief Technology Officer. In some cases, convening a PAG before a s= pecific patent disclosure is made may be useful. In other cases, it may be = that the PAG can better resolve the licensing problems at another point in = the Digital Resource's development.
The PAG charter should include:
clear goals for the PAG, especially a statement of the question(s) the P= AG is to answer.
duration.
confidentiality status, which must follow the underlying Working Group (= Member only, public, etc.).
The PAG charter must specify deadlines for completion of individual work= items it takes on. The PAG, once convened, may propose changes to its char= ter as appropriate, to be accepted based on consensus of the PAG participan= ts. The Chief Technology Officer will serve as PAG Chair. A single PAG may = exist for the duration of the Working Group with which it is associated if = needed.
In order to obtain input from the interested public at large, as soon as= the PAG is convened, the PAG charter will be made public, along with all o= f the patent disclosure and licensing statements applicable to the Working = Group in question.
After appropriate consultation, the PAG may conclude:
The initial concern has been resolved, enabling the Working Group to con= tinue.
The Working Group should be instructed to consider designing around the = identified claims.
The Team should seek further information and evaluation, including and n= ot limited to evaluation of the patents in question or the terms under whic= h AgGateway RF licensing requirements may be met.
The Working Group should be terminated.
The Digital Resource (if it has already been published) should be rescin= ded.
Alternative licensing terms should be considered. The procedure in secti= on 7.5.3 must be followed.
Outcomes 4, 5 or 6 require a Board review and AgGateway President's= decision. In any case, the PAG must state its Proposal and reasons in= a public AgGateway document.
After having made every effort to resolve the conflict through options 1= , 2, and 3 under 7.5.1, the PAG, by consensus, may propose that specif= ically identified patented technology be included in the Digital Resource e= ven though such claims are not available according to the AgGateway RF lice= nsing requirements of this policy. In such case, the PAG Proposal must expl= ain:
why the chartered goals of the Working Group cannot be met without inclu= sion of the identified technology;
how the proposed licensing terms will be consistent with widespread adop= tion.
Further, such PAG Proposal must include:
a complete list of claims and licensing terms of the proposed alternativ= e arrangements; and,
a proposed charter for the Working Group, unless the Digital Resource ha= s been published and no new work is required.
If the AgGateway President determines that the PAG Proposal is the best = alternative consistent with the AgGateway mission, the interests of the agr= iculture-related community, and is clearly justified despite the expressed = preference of the AgGateway Membership for RF licensing, then the Proposal = shall be circulated for public comment and Board of Directors review. The A= gGateway President may also circulate the Proposal for Board of Directors r= eview without such endorsement. Should the PAG Proposal be rejected, then e= ither sub-paragraph 4 or 5 of section 7.5.3 will apply as appropriate, with= out further action of the Board of Directors. Members of the Working Group = who are bound to RF terms are not released from their obligations by virtue= of the PAG Proposal alone. As with any newly chartered Working Group, new = commitments must be made, along with possible exclusions. In order to exped= ite the process, the PAG Proposal should consider whether additional claims= would be excluded under the new charter and include such information in th= e PAG Proposal.
"Essential Claims" shall mean all claims in any patent or patent applica= tion in any jurisdiction in the world that would necessarily be infringed b= y implementation of the Digital Resource. A claim is necessarily infringed = hereunder only when it is not possible to avoid infringing it because there= is no non-infringing alternative for implementing the normative portions o= f the Digital Resource. Existence of a non-infringing alternative shall be = judged based on the state of the art at the time the Digital Resource is pu= blished.
The following are expressly excluded from and shall not be deemed to con= stitute Essential Claims:
any claims other than as set forth above even if contained in the same p= atent as Essential Claims; and
claims which would be infringed only by:
portions of an implementation that are not specified in the normative po= rtions of the Digital Resource, or
enabling technologies that may be necessary to make or use any product o= r portion thereof that complies with the Digital Resource and are not thems= elves expressly set forth in the Digital Resource (e.g., semiconductor manu= facturing technology, compiler technology, object-oriented technology, basi= c operating system technology, and the like); or
the implementation of technology developed elsewhere and merely incorpor= ated by reference in the body of the Digital Resource.
design patents and design registrations.
For purposes of this definition, the normative portions of the Digital R= esource shall be deemed to include only architectural and interoperability = requirements. Optional features in the RFC 2119 [KEYWORDS] sense are considered normative unless = they are specifically identified as informative. Implementation examples or= any other material that merely illustrate the requirements of the Digital = Resource are informative, rather than normative.
Digital Resource: Refers to any digital content develop= ed with the intent of assisting companies with implementing electronic conn= ectivity between systems and devices within their own company, and between = their company and other companies. Digital Resource includes stand= ards, guidelines, communications tools, project-management tools, implement= ation tools, and requirements or proposals passed on to a Collaborating Dig= ital Resources Body.
[KEYWORDS]
Key words for use in RFCs to Indicate Requiremen= t Levels, S. Bradner. The Internet Society, March 1997. This RFC i= s available by FTP at ftp://ftp.rfc-editor.org/in-n= otes/rfc2119.txt.
= [PROCESS]
AgGateway Digital Resources-Development Process, J. Wilson,= Editor. AgGateway, . The latest version of this document is https://agg= ateway.atlassian.net/wiki/x/AYB2Rg.
= span>[BYLAWS]
BYLAWS OF AgGateway, INC., R. Conner, Editor. AgGateway,&nb= sp;. Th= e latest version of this document can be downloaded in PDF form a= t https://aggateway.atlassian.net/wiki/x/lQCGBQ.
[POLICIES]
AgGateway (AgGateway) Policies & Procedures, R. Conner,= Editor. AgGateway . The latest version of this document can be dow= nloaded in PDF form at https://aggateway.atlassian.net/wiki/x/mwCGBQ= a>.
This document is derived from the W3C Patent Policy available a= t https://www.w3.org/Consortium/Patent= -Policy-20040205/. Various license requirements apply, which are met by= including the following statement, with associated links, from the W3C:&nb= sp;
W3C liability, trademark
, document use&nb= sp;and software licensingrules apply.