W3C Patent Policy

5 February 2004

This version:

http://www.w3.org/Consortium/Patent-Policy-20040205/

Latest version:

http://www.w3.org/Consortium/Patent-Policy/

Previous version:

http://www.w3.org/Consortium/Patent-Policy-20030520.html

Editor:

Daniel J. Weitzner, W3C/MIT, djweitzner@w3.org

Please refer to the errata for this document, which may include some normative corrections.

See also translations.

Copyright © 2000-2004 W3C^® (MIT, ERCIM, Keio), All Rights Reserved. W3C liability, trademark, document use and software licensing rules apply.

Abstract

The W3C Patent Policy governs the handling of patents in the process of producing Web standards. The goal of this policy is to assure that Recommendations produced under this policy can be implemented on a Royalty-Free (RF) basis.

Status of This Document

This document has been updated with editorial corrections in the 5 February 2004 (updated 1 August 2017) W3C Patent Policy.

This is the 5 February 2004 version of the W3C Patent Policy. The W3C Patent Policy Transition Procedure describes how W3C is implementing this patent policy.

This document has been reviewed by W3C Members and other interested parties and has been endorsed by the W3C Director as the W3C Patent Policy. It is a stable document and may be used as reference material or cited as a normative reference from another document. W3C's role in making this policy is to provide a stable policy for handling patent claims in the context of W3C Recommendations and to enhance the functionality and interoperability of the Web. This policy was produced by the W3C Patent Policy Working Group.

The only differences between this version and the 20 May 2003 version that was reviewed by the W3C Membership are updated links to the W3C Process Document [PROCESS] and a change to one administrative detail (allowing the Team to use other mechanisms than email for disclosures).

Please report errors in this document to the www-patentpolicy-comment@w3.org mailing list (public archive). The list of known errors is public.

The English version of this policy is the only normative version.

For implementation material and other informative documents, please see the W3C Patent Policy Overview.

Table of Contents

• Abstract
• Status of This Document
• 1. Overview
• 2. Licensing Goals for W3C Recommendations
• 3. Licensing Obligations of Working Group Participants
  • 3.1. W3C RF Licensing Requirements for All Working Group Participants
  • 3.2. Limitation on Licensing Requirement for Non-Participating Members
  • 3.3. Licensing Commitments in W3C Submissions
  • 3.4. Note on Licensing Commitments for Invited Experts
• 4. Exclusion From W3C RF Licensing Requirements
  • 4.1. Exclusion With Continued Participation
  • 4.2. Exclusion and Resignation From the Working Group
  • 4.3. Joining an Already Established Working Group
  • 4.4. Exclusion Procedures for Pending, Unpublished Patent Applications
  • 4.5. Exclusion Mechanics
• 5. W3C Royalty-Free (RF) Licensing Requirements
• 6. Disclosure
  • 6.1. Disclosure Requirements
  • 6.2. Disclosure Exemption
  • 6.3. Disclosure Requests
  • 6.4. Disclosure Contents
  • 6.5. Disclosure of Laid-Open or Published Applications
  • 6.6. Disclosure of Pending, Unpublished Applications
  • 6.7. Good Faith Disclosure Standards
  • 6.8. Timing of Disclosure Obligations
  • 6.9. Termination of Disclosure Obligations
  • 6.10. Disclosure Obligations of Invited Experts
  • 6.11. Disclosures to Be Publicly Available on Recommendation Track
• 7. Exception Handling
  • 7.1. PAG Formation
  • 7.2. PAG Formation After a Recommendation Is Issued
  • 7.3. PAG Composition
  • 7.4. PAG Procedures
    • 7.4.1. PAG Formation Timing
    • 7.4.2. PAG Charter Requirements
  • 7.5. PAG Conclusion
    • 7.5.1. Possible PAG Conclusions
    • 7.5.2. PAG Outcome
    • 7.5.3. Procedure for Considering Alternate Licensing Terms
• 8. Definition of Essential Claims
  • 8.1. Essential Claims
  • 8.2. Limitations on Scope of Essential Claims
  • 8.3. Definition of Normative, Optional and Informative
• References
• Acknowledgments

1. Overview

This patent policy describes:

1. licensing goals for W3C Recommendations
2. licensing obligations that Working Group participants will undertake as a condition of Working Group participation, along with means of excluding specific patents from those obligations
3. the definition of a W3C Royalty-Free license
4. disclosure rules for W3C Members
5. an exception handling process for situations in which the Royalty-Free status of a specification comes under question
6. definition of Essential Claims

All numbered sections of this document (1-8), as well as hyperlinks to material within and outside of this document, are normative.

2. Licensing Goals for W3C Recommendations

In order to promote the widest adoption of Web standards, W3C seeks to issue Recommendations that can be implemented on a Royalty-Free (RF) basis. Subject to the conditions of this policy, W3C will not approve a Recommendation if it is aware that Essential Claims exist which are not available on Royalty-Free terms.

To this end, Working Group charters will include a reference to this policy and a requirement that specifications produced by the Working Group will be implementable on an RF basis, to the best ability of the Working Group and the Consortium.

3. Licensing Obligations of Working Group Participants

The following obligations shall apply to all participants in W3C Working Groups. These obligations will be referenced from each Working Group charter and Calls for Participation.

3.1. W3C RF Licensing Requirements for All Working Group Participants

As a condition of participating in a Working Group, each participant (W3C Members, W3C Team members, invited experts, and members of the public) shall agree to make available under