Subject: -technology - intent to file

From: Scott Bradner <[email-masked]>
Date: Thu, 31 Jul 2003 23:50:37 -0400 (EDT)

thomas asks
> > 6.1.1  A Contributor's IPR in his or her Contribution
> >    Any Contributor who reasonably and personally knows of IPR meeting
> >    the conditions of Section 6.6 which the Contributor believes Covers
> >    or may ultimately Cover his or her Contribution, or which the
> >    Contributor reasonably and personally knows his or her employer or
> >    sponsor may assert against Implementing Technologies based on such
> >    Contribution, must make a disclosure in accordance with this Section
> >    6.
> 
> does this include IPR for which there are internal discussions as to
> whether to file, but no determination has yet been made? (I ask only
> because this question comes up fairly  often in practice. It might be
> good to have explicit wording about that.)

I do not see how we could try to cover that case - the "may ultimately"
is intended to cover the case where a decision has been made butthe
application may not yet have been filed 

I doubt that we could come up with useful words to cover the "in
discussion" case that would not leave things more confused than
leaving it out (and I'm not sure that it would make any real
difference to do so since a disclosure is needed when a decision has been
made or at least when an application is filed and that would not seem
to changing teh timing all that much - but if someone wants to suggest
words please do

Scott

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