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The AgGateway Patent Policy governs the handling of patents in the process of producing agriculture-industry Digital Resources [PROCESS, section 2]. The goal of this policy is to assure that Digital Resources produced under this policy can be implemented on a Royalty-Free (RF) basis.
The term digital resource is defined as: Refers to any digital content developed with the intent of assisting companies with implementing electronic connectivity between systems and devices within their own company, and between their company and other companies. Digital Resource includes standards, guidelines, communications tools, project-management tools, implementation tools, and requirements or proposals passed on to a Collaborating Digital Resources Body. [PROCESS, section 2]
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To this end, Working Group [PROCESS, section 2] charters will include a reference to this policy and a requirement that specifications produced by the Working Group will be implementable on an RF basis, to the best ability of the Working Group and AgGateway.
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The following obligations shall apply to all participants in AgGateway Working Groups. These obligations will be referenced from each Working Group charter and Calls for Participation [PROCESS, sections 3 and 4].
3.1. AgGateway RF Licensing Requirements for All Working Group Participants
As a condition of participating in a Working Group, each participant (AgGateway Members [PROCESS, sections 3 and 4], invited experts, and members of the public) shall agree to make available under AgGateway RF licensing requirements any Essential Claims related to the work of that particular Working Group. This requirement includes Essential Claims that the participant owns and any that the participant has the right to license without obligation of payment or other consideration to an unrelated third party. With the exception of the provisions of section 4 below, AgGateway RF licensing obligations made concerning the work the particular Working Group and described in this policy are binding on participants for the life of the patents in question and encumber the patents containing Essential Claims, regardless of changes in participation status or AgGateway Membership.
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At the time an AgGateway Member Submission [PROCESS, section 7] is made, all Submitters and any others who provide patent licenses associated with the submitted document must indicate whether or not each entity (Submitters and other licensors) will offer a license according to the AgGateway RF licensing requirements for any portion of the Submission that is subsequently incorporated in an AgGateway Digital Resource. The AgGateway Team may acknowledge the Submission if the answer to the licensing commitment is either affirmative or negative, and shall not acknowledge the Submission if no response is provided.
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If any claims are made essential by the Digital Resource's publication [PROCESS, sections 3 and 4] as a result of subject matter not present or apparent in the latest Proposed New Digital Resource [PROCESS, sections 3 and 4], the participant may exclude these new Essential Claims, and only these claims, by using this exclusion procedure within 60 days after the Digital Resource's publication [PROCESS, sections 3 and 4]. After that point, no claims may be excluded.
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A participant may resign from the Working Group no later than 10 days after the Working Group delivers any Proposed New Digital Resource to the Digital Resource Center [PROCESS, sections 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 Working Group delivers any Proposed New Digital Resource to the Digital Resource 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 Working Group. In addition, departing participants have 30 days after their actual resignation to exclude Essential Claims made essential by documents not referenced in the Call for Exclusion (see section 4.5) if:
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Anyone in a Member organization who receives a disclosure request and who has such knowledge must inform their Primary Contact [AgGateway Patent Policy#POLICIESPOLICIES, section 3.5]. Where disclosure is required, the Primary Contact will do so.
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For purposes of this definition, the normative portions of the Digital Resource shall be deemed to include only architectural and interoperability requirements. Optional features in the RFC 2119 [AgGateway Patent Policy#KEYWORDSKEYWORDS] 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.
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Key words for use in RFCs to Indicate Requirement Levels, S. Bradner. The Internet Society, March 1997. This RFC is available by FTP at ftp://ftp.rfc-editor.org/in-notes/rfc2119.txt.
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AgGateway Digital Resources-Development Process, J. Wilson, Editor. AgGateway, . The latest version of this document is https://aggateway.atlassian.net/wiki/x/DQCGBQAYB2Rg.
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BYLAWS OF AgGateway, INC., R. Conner, Editor. AgGateway, . The latest version of this document can be downloaded in PDF form at https://aggateway.atlassian.net/wiki/x/lQCGBQ.
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AgGateway (AgGateway) Policies & Procedures, R. Conner, Editor. AgGateway . The latest version of this document can be downloaded in PDF form at https://aggateway.atlassian.net/wiki/x/mwCGBQ.
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