Versions Compared

Key

  • This line was added.
  • This line was removed.
  • Formatting was changed.

...

The following obligations shall apply to all participants in AGN Working Groups. These obligations will be referenced from each Working Group charter and Calls for Participation [PROCESS, section 2sections 3 and 4].

3.1. AGN RF Licensing Requirements for All Working Group Participants

As a condition of participating in a Working Group, each participant (AGN Members [PROCESS, section 2sections 3 and 4], invited experts, and members of the public) shall agree to make available under AGN 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, AGN 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 AGN Membership.

...

At the time an AGN Member Submission [PROCESS, section 117] (warning) 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 AGN RF licensing requirements for any portion of the Submission that is subsequently incorporated in an AGN Standard. The AGN 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.

...

Specific Essential Claims may be excluded from the AGN RF licensing requirements by a participant who seeks to remain in the Working Group only if that participant indicates its refusal to license specific claims no later than 10 days after the Working Group delivers any Proposed Standard to the Standards Committee [PROCESS, section (warning)sections 3 and 4] by specifically disclosing Essential Claims that will not be licensed on AGN RF terms. A participant who excludes Essential Claims may continue to participate in the Working Group.

If any claims are made essential by the Standard's publication [PROCESS, section 7.1.1] (warning)sections 3 and 4] as a result of subject matter not present or apparent in the latest Proposed Standard [PROCESS, section 7.1.1] (warning) 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 Standard's publication [PROCESS, section 7.4.2sections 3 and 4]. (warning) After that point, no claims may be excluded.

...

A participant may resign from the Working Group no later than 10 days after the Working Group delivers any Proposed Standard to the Standards Committee [PROCESS, section (warning)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 Standard to the Standards Committee [PROCESS, section (warning)sections 3 and 4], that participant is only bound to license Essential Claims based on subject matter contained in the Proposed Standard delivered to the Standards Committee 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:

...

  • Chairman of the AGN Board of Directors, who may delegate the assignment to the Vice Chairman
  • The AGN President
  • The AGN Standards Director
  • AGN counsel
  • Working Group Chair, ex officio
  • Others suggested by the PAG with the approval of the as designated by the AGN President

AGN Member participants in the PAG should be authorized to represent their organization's views on patent licensing issues. Any participant in the PAG may also be represented by legal counsel, though this is not required. Invited experts are not entitled to participate in the PAG, though the PAG may chose to invite any qualified experts who would be able to assist the PAG in its determinations.

...