I do not argue that sooner is not better w/r
to IP disclosures, however see practical data at ETSI described at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1912198
Assessing IPR Disclosure
Within Standard Setting: An ICT Case Study November 2011
Anne Layne-Farrar
Russ, w/r to timing of disclosures is a "late"
disclosure defined anywhere in procedures as stated: "If the disclosure is
made after the document completes WG Last Call, then it is late in the IETF
standards process"
clip from study
Specifically, I take an empirical look at the timing of patent disclosures within the European Telecommunications
Standards Institute, the body responsible for some of the world?s most prevalent mobile telephony
standards. I find that most members officially disclose their potentially
relevant patents after the standard was published, and sometimes considerably
so. On the other hand, I also find that the delay in declaring patents to ETSI standards has been
shrinking over time, with disclosures occurring
closer to (although for the most part still after)
the standard publication date for more recent standard generations as compared
to earlier ones.
George T. Willingmyre, P.E.
President, GTW Associates
Spencerville, MD USA 20868
301.421.4138
www.gtwassociates.com
President, GTW Associates
Spencerville, MD USA 20868
301.421.4138
www.gtwassociates.com
----- Original Message -----
From: "Russ Housley" <housley@xxxxxxxxxxxx>
To: "Stephan Wenger" <stewe@xxxxxxxxx>
Cc: "IETF" <ietf@xxxxxxxx>
Sent: Tuesday, November 06, 2012 6:30
PM
Subject: Re: IESG Considering a Revision to NOTE
WELL
>> Based on the number of late disclosures that are occurring, it is clear
>> to us that we need to use very plain language to explain the
>> responsibilities to participants.
>
> That's an interesting statement. To summarize the (long) message below, I
> don't think that empirical data supports that there are any significant
> numbers of disclosures of which it is likely that they are "late".
If the disclosure is made after the document completes WG Last Call, then it is late in the IETF standards process. When the disclosure comes after this point in the process, then we need to loop back and redo some steps.
Russ