W3C Architecture Domain About Web services Web Services Activity statement

XML Protocol Working Group

Intellectual Property Rights Statements

This page provides a single source for all Intellectual Property Rights (IPR) statements that are associated with XML Protocol (XMLP) and provided by members of the XMLP Working Group (WG).

NOTE: 20021101: These declarations are accurate as of 11 September 2002, and were relevant to the original XMLP Charter. Updates based on the new charter are forthcoming.

W3C does not take a position regarding the validity or scope of any IPR or any other right that might be claimed to pertain to the implementation or use of XMLP technology. Furthermore, the W3C does not take a position on the extent to which any license under such rights might or might not be available. Copyright of WG deliverables is vested in the W3C.

Table 1 lists and summarizes all of the most up-to-date IPR statements made by XMLP WG members. The list covers all current and previous XMLP WG members, regardless of whether or not they are in good standing. The 'License Type' column is a W3C Team short-hand summary of the Member's licensing terms as one of two general types of licenses: 1) Royalty-Free (RF), or 2) Reasonable and Non-Discriminatory terms (RAND). This designation is an informal summary of the terms offered by the disclosing party. The precise meaning of the license is determined exclusively by the license language provided by the patent holder. Implementers or others who require information about the licensing terms offered by a patent holder should refer to the licensing statements made by the patent holder itself. W3C Team summaries have no legal effect, have not been approved by the licensors and should not be relied to determine the rights or obligations of implementers. Members who are listed in the specification, but who are not listed in Table 1, have stated they have no IPR relating to the XMLP WG's specifications.

Table 1. Summary of IPR Statements from XMLP WG Members.
Member name Patent Declaration License Type

IPR Statement

webMethods Possible patents RAND http://lists.w3.org/Archives/Member/patent-issues/2002AprJun/0113.html
IBM None declared No license http://lists.w3.org/Archives/Member/patent-issues/2001OctDec/0080.html
Tibco None declared RAND http://lists.w3.org/Archives/Member/patent-issues/2001JanMar/0019.html
IONA None declared RAND http://lists.w3.org/Archives/Member/patent-issues/2000JulSep/0017.html
Intel None declared Royalty Free http://lists.w3.org/Archives/Member/patent-issues/2001AprJun/0007.html
SeeBeyond None declared No licence http://lists.w3.org/Archives/Member/patent-issues/2002AprJun/0042.html
Microsoft None declared Royalty Free http://www.w3.org/Submission/2000/05/
Epicentric Possible patents RAND http://lists.w3.org/Archives/Member/patent-issues/2000JulSep/0013.html
Tradia None declared RAND http://lists.w3.org/Archives/Member/patent-issues/2001JanMar/0034.html
Hewlett Packard None declared Incomplete -

The IPR statements listed in Table 1 were originally disclosed to the patent-issues@w3.org, per the XMLP WG Charter and the July 19, 2001 Process Document. However, the patent-issues@w3.org mailing list archive is not publically readable, and so to provide a public record of these statements (per the W3C Current Patent Pratice document), they have been reproduced below. Note that in the event of any discrepancy between a reproduced statement and an archived statement, the archived statement will be the authoritative text.

webMethods
IPR Statement of webMethods, Inc.

This statement supercedes all other statements by webMethods for the Web
Services activity, including but not limited to the XML Protocol working
Group. WebMethods authorizes W3C to make this statement public.

webMethods has not performed a search of its patent portfolio for the
purpose of determining whether webMethods has any patents or patent
applications (collectively "Patents") that relate to this activity.
webMethods believes that it may have Patents relevant to the Web Services
activity and, to the extent that it does, webMethods is not willing to waive
its rights in its relevant Patents, if any.  However, subject to the
conditions in this statement, webMethods' licensing policy for Patents will
be upon adoption of this activity or of its contribution as a
Recommendation, to negotiate licenses on reasonable and non-discriminatory
terms under applicable webMethods intellectual property rights essential to
implement and use the technology proposed in its contribution in products
that are consistent with this activity or that comply with the
Recommendation but only for such purposes.  This policy shall apply only to
Patent claims that read on Essential Technology as defined below. This
undertaking remains valid only as long as such activity or Recommendation
exists and applies only to parties who have made an equivalent undertaking.

webMethods expressly reserves all other rights it may have in the material
and subject matter of its contribution. The licensing commitments made
hereunder do not include any license for implementation of other published
specifications developed elsewhere.

The definition of essential technology is taken from the W3C Patent Policy
Framework Proposal-W3C Working Draft 28 September 2000: "Definition of
Essential Technology?.

1. "Essential" means that an implementation of the specification would
necessarily infringe claims of a patent or patent application owned or
controlled by the Member at any time during the life of the Working Group
and the specification. A claim is necessarily infringed hereunder only when
it is not possible to avoid infringing it because there is no commercially
plausible non-infringing alternative for implementing the specification,
including the protocols, application program interfaces, service provider
interfaces, and/or data structures disclosed with particularity in the
specification in order to enable products to interoperate, interconnect or
communicate as defined within the specification.

2. Notwithstanding the foregoing, essential claims shall not include any
claims other than as set forth above even if contained in the same patent as
essential claims; or that read solely on any implementations of any portion
of the specification that are not required by the specification, or that, if
licensed, would require a payment of royalties by the licensor to
unaffiliated third parties. Moreover, essential claims shall not include (i)
any enabling technologies that may be necessary to make or use any product
or portion thereof that complies with the specification but are not
themselves expressly set forth in the specification (e.g., semiconductor
manufacturing technology, compiler technology, object oriented technology,
basic operating system technology, and the like); or (ii) the implementation
of other published standards developed elsewhere and merely referred to in
the body of the specification, or (iii) any portions of any product and any
combinations thereof the purpose or function of which is not required for
compliance with the specification. For purposes of this definition, the
specification shall be deemed to include only architectural and
interconnection requirements and shall not include any implementation
examples unless such implementation examples are expressly identified as
being included as part of the specification.

webMethods? contribution and the information contained herein is provided on
an "AS IS" basis and to the maximum extent permitted by applicable law,
webMethods provides its contribution AS IS AND WITH ALL FAULTS, and hereby
disclaims all other warranties and conditions, either express, implied or
statutory, including, but not limited to, any (if any) implied warranties,
duties or conditions of merchantability, of fitness for a particular
purpose, of accuracy or completeness of responses, of results, of
workmanlike effort, of lack of viruses, and of lack of negligence, all with
regard to the contribution.  ALSO, THERE IS NO WARRANTY OR CONDITION OF
TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE CONTRIBUTION.

IN NO EVENT WILL WEBMETHODS BE LIABLE TO ANY OTHER PARTY INCLUDING THE W3C
AND ITS MEMBERS FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT,
WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER
AGREEMENT RELATING TO THIS DOCUMENT, WHETHER OR NOT SUCH PARTY HAD ADVANCE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
IBM
To the best of my knowledge, I believe my organization doesn't have IPR
claims regarding the XML Protocol Working Group.
Tibco
TIBCO Software Inc. (TIBCO) has not identified any intellectual property
rights in the current XML Protocals activity, but TIBCO may own patents or
have other intellectual property rights in this activity or may identify
subsequent contributions to the W3C as containing intellectual property
rights. TIBCO reserves all rights with respect to such intellectual
property, and TIBCO agrees that, upon adoption of this contribution as a W3C
Recommendation, TIBCO will grant to any party a license on reasonable and
non-discriminatory terms under applicable TIBCO intellectual property rights
to implement and use the technology proposed in this activity in products
that comply with the Standard but only for the purpose of implementing the
Recommendation. One condition of this license shall be the party's agreement
to not assert patent rights against TIBCO and other companies for their
implementation of the W3C Recommendation. TIBCO expressly reserves all other
rights it may have in the material and subject matter of this activity. The
licensing commitments made hereunder do not include any license for
implementation of other published specifications developed elsewhere but
referred to in this contribution.

Any material is being provided "AS IS", and TIBCO EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES REGARDING THIS CONTRIBUTION, INCLUDING ANY WARRANTY
THAT THIS CONTRIBUTION DOES NOT VIOLATE THE RIGHTS OF OTHERS OR IS
MERCHANTIBLE OR FIT FOR A PARTICULAR PURPOSE.
IONA
IONA Technologies does not identify any intellectual property rights in the
current submission (SOAP V1.1), but IONA may identify subsequent
contributions to the W3C as containing intellectual property rights. IONA
reserves all rights with respect to such intellectual property, however,
IONA agrees to make available to any W3C member on a fair, equitable, and
reasonable basis rights to any such intellectual property as IONA may choose
to contribute in future W3C work on this submission.
Intel
This statement is made in reference to participation in the XML Protocol
working group under charter  http://www.w3.org/2000/09/XML-Protocol-Charter
.  This statement replaces our previous statement (
http://lists.w3.org/Archives/Member/patent-issues/2000JulSep/0016.html  )

Intel has not performed a search of its patent portfolio for the purpose of
determining whether Intel has any patents or patent applications
(collectively "Patents") that relate to the XML Protocol Working Group.
Intel is not willing to waive its rights in its relevant Patents, if any.
However, subject to the conditions in this statement, Intel's licensing
policy for Patents that read on a future Recommendation relating to the XML
Protocol Working Group will be to negotiate licenses on royalty free terms.
This policy shall apply only to Patent claims that read on Essential
Technology as defined below. This undertaking remains valid only as long as
such Recommendation exists and applies only to parties who have made an
equivalent undertaking.  The final contents of any relevant Recommendation
are not currently known so Intel reserves the right to opt out of this
licensing offer.  If Intel determines that it is not willing to grant
licenses on royalty free terms, Intel will endeavor to provide notification
within four weeks following the public release of the Final Last Call
Working Draft.  The current W3C rules for how much a draft can change after
Last Call without repeating Last Call are unclear.  If the draft is changed
substantively after the public release of the Final Last Call Working Draft
(one would expect another public Last Call in this case), then notification,
if any, will occur within 4 weeks of the final time the draft enters
Proposed Recommendation.  Neither Randy E. Hall, the Intel XML Protocol
Working Group representative, nor Wayne Carr, Intel's W3C AC Representative
is personally aware of any relevant IPR.

The definition of essential technology is taken from the W3C Patent Policy
Framework Proposal-W3C Working Draft 28 September 2000: "Definition of
Essential Technology.  
1. "Essential" means that an implementation of the specification would
necessarily infringe claims of a patent or patent application owned or
controlled by the Member at any time during the life of the Working Group
and the specification. A claim is necessarily infringed hereunder only when
it is not possible to avoid infringing it because there is no commercially
plausible non-infringing alternative for implementing the specification,
including the protocols, application program interfaces, service provider
interfaces, and/or data structures disclosed with particularity in the
specification in order to enable products to interoperate, interconnect or
communicate as defined within the specification.
2. Notwithstanding the foregoing, essential claims shall not include any
claims other than as set forth above even if contained in the same patent as
essential claims; or that read solely on any implementations of any portion
of the specification that are not required by the specification, or that, if
licensed, would require a payment of royalties by the licensor to
unaffiliated third parties. Moreover, essential claims shall not include (i)
any enabling technologies that may be necessary to make or use any product
or portion thereof that complies with the specification but are not
themselves expressly set forth in the specification (e.g., semiconductor
manufacturing technology, compiler technology, object oriented technology,
basic operating system technology, and the like); or (ii) the implementation
of other published standards developed elsewhere and merely referred to in
the body of the specification, or (iii) any portions of any product and any
combinations thereof the purpose or function of which is not required for
compliance with the specification. For purposes of this definition, the
specification shall be deemed to include only architectural and
interconnection requirements and shall not include any implementation
examples unless such implementation examples are expressly identified as
being included as part of the specification.
SeeBeyond
I do not have personal knowledge of any IPR claims held by SeeBeyond
regarding XML Protocol.
Microsoft
Microsoft hereby grants to the W3C, a perpetual, nonexclusive, non-sublicensable, non assignable, royalty-free, world-wide
right and license under any Microsoft copyrights in this contribution to copy, publish and distribute the contribution, as well as
a right and license of the same scope to any derivative works prepared by the W3C and based on, or incorporating all or part of
the contribution.

Microsoft further agrees that, upon adoption of this contribution as a Standard, Microsoft will grant to any party a royalty-free
license on other reasonable and non-discriminatory terms under applicable Microsoft intellectual property rights to implement
and use the technology proposed in this contribution in products that comply with the Standard but only for the purpose of
complying with the Standard. Microsoft expressly reserves all other rights it may have in the material and subject matter of
this contribution. The licensing commitments made hereunder do not include any license for implementation of other published
specifications developed elsewhere but referred to in this contribution.

This document and the information contained herein is provided on an "AS IS" basis and MICROSOFT DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF
THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL MICROSOFT BE LIABLE TO ANY OTHER PARTY INCLUDING THE W3C AND ITS MEMBERS 
FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF
DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER UNDER
CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER
AGREEMENT RELATING TO THIS DOCUMENT, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF
THE POSSIBILITY OF SUCH DAMAGES.
Epicentric
[Permission to make statement public not yet granted]
Tradia
[Permission to make statement public not yet granted]

Yves Lafon, W3C Team contact; David Fallside, XMLP WG Chair

$Date: 2002/11/02 00:02:50 $