Re: Unpublished patent disclosure

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> On Apr 18, 2023, at 7:01 PM, John C Klensin <john-ietf@xxxxxxx> wrote:
> 
> (Copying tools-discuss for obvious reasons)
> 
> Scott,
> 
> Do I correctly understand from the combination of your note and
> Samir's question that a third-party disclosure without an
> application number is often appropriate and that it it not
> obvious how such a disclosure can be made through the web
> interface?
> 

yes

> Looking at <https://datatracker.ietf.org/ipr/new-third-party/>,
> it seems to me that a little work is in order because:
> 
> (1) At least with the way that page renders in Firefox, while
> the major (Roman numeral) section title are in large type, the
> (alphabetic) subsection titles are easy to miss and, in
> particular, it is easy to not notice IV(B) in context.
> 
> (2) Even for that IV(B) case, we would like to capture as much
> of the application number, Inventor, and Title information and
> whatever relevant notes the submitter might be able to provide.
> The current form prevents supplying that information except as
> "Additional notes" in Section VI.  If the intent is that such
> information should be supplied there rather than in a more
> structured way, a sentence of two of advice in IV(B) to that
> effect would seem useful.

sounds right to me
> 
> (3) It seems to me that, as Section IV is structured, there are
> actually three cases, not two:
> 
> A. Granted patents or published pending patent
>  applications for which the discloser has either a 
>    copy of the patent or full information in hand

> 
> B. an unpublished pending patent application
> 
> C. A known (or claimed) patent for which the discloser
>  has less information than we might like but for 
>    which the disclosure is still relevant.

agree

> 
> 
> As I read Section 5.1.3 of RFC 8179 and remember discussions
> leading to it, the intent is to encourage disclosures in all
> three cases and expect the discloser to supply as much
> information as they have and no more.


agree

> The current structure of
> the submission page would seem to discourage that, at least
> without additional instructions.

that seems top be a problem that should get fixed

Scott
> 
>     john
> 
> 
> 
> 
> 
> --On Tuesday, April 18, 2023 06:46 -0400 Scott Bradner
> <sob@xxxxxxxxx> wrote:
> 
>> RFC 8179 section 5.4.1 covers this - 
>> 
>> 1/ the application number should not be mandatory since the
>> RFC says "to the extent reasonably available to the discloser"
>> 
>> 2/ but if the application number is known it should be
>> disclosed even if the application itself is unpublished
>> 
>> Scott
>> 
>>> On Apr 18, 2023, at 6:25 AM, Samir Srivastava
>>> <srivastava_samir@xxxxxxxx> wrote:
>>> 
>>> Hi, 
>>> 
>>>  To submit IPR disclosure, we have HTTPS interface. It
>>>  doesn't provide a way to declare UNPUBLISHED application.
>>>  As application number is mandatory. 
>>> 
>>>   I requested long time back for this to ietf-ipr@xxxxxxxx.
>>>   But it is still there. 
>>> 
>>>   Is there any other way to do the above? 
>>> 
>>> With Best Regards
>>> Samir Srivastava, 
>>> Fatehgarh, Distt, Farrukhabad (UP) 
>>> INDIA
>> 
> 
> 




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