PatCom report to IEEE-SA Standards Board September 21, 2000 Met September 19, four members and number of guests present and participating Lively discussion on patent issues related to standards withdrawal/revision/reaffirmation –Liaison from ProCom –Draft sample request and patent assurance letters (pla) Statistics on patent letters of assurance –Four pla received since last meeting –Two requests and responses for pla –Web data based updated August of 4

PatCom Report September 21 Liaison from ProCom on Withdrawn Standards ProCom liaison points –can be obtained (with some limitation) –can be referenced –not and IEEE “current art” Conclusions –may remain in use after withdrawn –need guidance from PatCom on how to address patent issues PatCom/Staff to develop draft guidelines on handling patent issues related to withdrawals 2 of 4

PatCom Report September 21 Draft Request Patent Letter of Assurance (Company) (ATTN: General Counsel) Dear Sir or Madam: The IEEE (name of working group) working group is in the process of developing a standard, IEEE Pnnn (name of standard/recommended practice/guide), that may utilize patented technology. As such, there is the possibility that patent or patent application rights may be required to implement this standard. A copy of the draft standard is included. Please review and advise as to whether or not your patent(s) require a license to implement the proposed standard. The IEEE patent policy requires that I request a letter of assurance such as the one attached if your technology applies. I would appreciate it very much if your patent department would provide such a letter. I hope to hear from you by (date). If I receive no response by that date, I will presume that your company has no patent issues with regard to this draft standard. Thank you for your assistance in this matter. Sincerely, Name, WG Title Attachments: Sample patent assurance letter 3 of 4

PatCom Report September 21 Draft Patent Letter of Assurance Patent Letter of Assurance (Company Letterhead) (date) Company Officer, Legal Counsel or other Authorized Designee Company Address Dear Chair, We hereby agree that (company) will provide licenses under our (country) patents and/or patent applications which meet the following description ( optional company text ) with respect to the proposed IEEE Pnnn standard and subsequent revisions thereof. Therefore, in the event the proposed standard is adopted and the cited patents are required to implement the standard (company) agrees upon written request to grant for the purpose of implementing the standard a nonexclusive license on a nondiscriminatory basis and on reasonable terms and conditions. It is understood that if the standard is withdrawn, (company) has no obligation to license a party requesting a license after such withdrawal. Further, this letter does not grant any right to the IEEE with respect to (company) copyrights or other intellectual property rights that relate to the proposed standard. Any party interested in the license described above may write to (name and title of contact and address) Sincerely, Name, Company, Title. 4 of 4