II. Balloting Criteria for Openness
1. The balloting schedule shall be clear and announced in advance.
2. The criteria for participation shall be made clear.
3. The draft standard shall be made readily available to all interested parties, and should be sent to the chairman of the IEC/TC93/WG2 at the same time it is sent to the IEEE.
4.Sufficient time to review and comment on the draft standard shall be made available.
5.The balloting constituency should be broad and include, where possible, IEC national representatives.
III. Re-Circulation Criteria for Openness
1.The Working Group shall prepare and communicate the results of balloting.
2. The Working Group shall prepare a compiled list of all the comments
received during balloting.
3. The Working Group shall prepare a response to each positive or negative
4. The Working Group shall ensure that all responses are sufficiently detailed to provide a reasonable understanding of why the Working Group rejected or accepted a comment, based on technical merits of the comment.
5. The WG shall make it clear how to receive the re-circulation document.
6. The WG shall make the re-circulation document available to all interested parties.
7. The WG shall allow sufficient time to review the re-circulation document to allow a
balloter to change his/her vote, if necessary.
8. The WG shall prepare and communicate the final results of re-circulation.
The IEEE-SA Standards Board Bylaws (2015) make the following statement concerning patents:
IEEE standards may be drafted in terms that include the use of Essential Patent Claims. If the IEEE receives notice that a [Proposed] IEEE Standard may require the use of a potential Essential Patent Claim, the IEEE shall request licensing assurance, on the IEEE-SA Standards Board approved Letter of Assurance form , from the patent holder or patent applicant. The IEEE shall request this assurance without coercion.
The Submitter of a Letter of Assurance may, after Reasonable and Good Faith Inquiry, indicate it is not aware of any Patent Claims that the Submitter may own, control, or have the ability to license that might be or become Essential Patent Claims. If the patent holder or patent applicant provides an LOA, it should do so as soon as reasonably feasible in the standards development process once the PAR is approved by the IEEE-SA Standards Board. This LOA should be provided prior to the Standards Board's approval of the standard. An asserted potential Essential Patent Claim for which licensing assurance cannot be obtained (e.g., an LOA is not provided or the LOA indicates that licensing assurance is not being provided) shall be referred to the Patent Committee.
The licensing assurance shall be either:
a) A general disclaimer to the effect that the Submitter without conditions will not enforce any present or future Essential Patent Claims against any person or entity making, having made, using, selling, offering to sell, or importing any Compliant Implementation that practices the Essential Patent Claims for use in conforming with the IEEE Standard; or,
b) A statement that the Submitter will make available a license for Essential Patent Claims to an unrestricted number of Applicants on a worldwide basis without compensation or under Reasonable Rates, with other reasonable terms and conditions that are demonstrably free of any unfair discrimination to make, have made, use, sell, offer to sell, or import any Compliant Implementation that practices the Essential Patent Claims for use in conforming with the IEEE Standard. An Accepted LOA that contains such a statement signifies that reasonable terms and conditions, including without compensation or under Reasonable Rates, are sufficient compensation for a license to use those Essential Patent Claims and precludes seeking, or seeking to enforce, a Prohibitive Order except as provided in this policy.
The DASC, in the interest of openness, will only accept patented material
under paragraph (a) above.
It shall be the responsibility of the DASC chair to ensure that quality criteria defined by this document be followed by all DASC working and study groups during all phases of the standardization process. The DASC chair shall, as needed, appoint monitors and establish reporting procedures to ensure compliance with the rules and procedures defined in this document. Working groups, study groups, and chairs of these groups who are in violation of this document shall be notified and requested to show a plan for correcting breach. If such a plan is not forthcoming in a timely manner and followed, the DASC chair will recommend that the PAR for the working group, or the DASC authorization for a study group be withdrawn. Alternatively, the group shall be reorganized under a new chair who will ensure compliance. This recommendation of the DASC chair shall be subject to ratification by the DASC Steering Committee.