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 ----- Original Message ----- From: "Russ Housley" <hous...@vigilsec.com> To: "Stephan Wenger" <st...@stewe.org> Cc: "IETF" <ietf@ietf.org> Sent: Tuesday, November 06, 2012 6:30 PM Subject: Re: IESG Considering a Revision to NOTE WELL Stephan: >> 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
