PROPOSED Patents & Standards Interest Group Charter

Motivation and Background

In May 2003, the W3C Director, on the advice of the W3C Membership, approved the W3C Patent Policy as the governing document for patent matters in W3C Recommendations. The Patent Policy Working Group (PPWG), which developed that policy over a more than three year period, assisted the Team with the implementation of the policy, and the PPWG then closed.

The W3C Patent Policy affirms and strengthens the basic patent licensing model that has driven innovation on the Web from its inception. The availability of an interoperable, unencumbered (i.e. royalty-free) Web infrastructure provides an expanding foundation for innovative applications, profitable commerce, and the free flow of information and ideas. The W3C Patent Policy encourages both commercial and non-commercial implementations of W3C Recommendations. Beyond establishing a commitment to royalty-free standards, the Patent Policy provides W3C with:

• a stable, practical, written policy for all W3C Recommendations
• a clear licensing framework for all W3C Recommendations
• consistent patent disclosure obligations, and
• an exception-handling process when problems arise.

The Patents and Standards Interest Group (PSIG) was formed in December 2004 to provide an ongoing forum for discussion of general issues regarding implementation of the Patent Policy and to exchange views on Intellectual Property Rights (IPR). Upon request, PSIG continues to provide feedback on whether changes to the Patent Policy are desirable and how those changes might look.

Over time, PSIG has been asked for feedback on a variety of non-patent intellectual property questions. For example, PSIG opinions helped the W3C Team define the Community Group Licensing Agreement. In the discussion around HTML5 licensing, PSIG helped the Advisory Board evaluate licensing alternatives.

In 2019-2020, PSIG helped to draft and review an update to the W3C Patent Policy to align with Process 2020. On the advice of the Membership, W3C adopted that policy on 15 September, 2020.

This PSIG Charter continues the established practice for PSIG to discuss and provide feedback on IPR matters. This Charter also permits the PSIG to draft or suggest amended or additional patent policy documents.

Deliverables

As an Interest Group, the PSIG issues neither Recommendations nor other binding policy documents. It may draft policy documents or amendments to existing policy documents for Advisory Committee review.

The PSIG is responsible for maintaining the Patent Policy FAQ. W3C participants can raise questions or comments on the W3C Patent Policy or Patent Policy FAQ via the Patents and Standards Interest Group public comment mailing list, or to the W3C Team. The PSIG reviews proposed FAQ changes or new FAQ entries as follows:

The initiative to add or modify a FAQ entry may start with either the Team or the PSIG. If it starts with the Team, the Team proposes the FAQ entry to the PSIG. If it starts with the PSIG, any PSIG participant may raise an issue to the attention of PSIG, Chair(s), and Team, with or without a proposed disposition. One PSIG Chair must reply within 7 days with one of these two dispositions:

• PSIG heads-up. If the entry is likely uncontroversial, the PSIG Chair(s) forwards the proposal to the PSIG list with a comment deadline of 14 days. Unless someone on the PSIG objects within 14 days, then the proposal may be added to the FAQ by the Team on the 15th day. If there is an objection from the PSIG, then it will be added to the PSIG agenda for discussion.
• PSIG Agenda. If the proposal raises some substantial issue in the judgment of the PSIG Chair(s), then it will be sent to the PSIG list for comment and discussion will be scheduled for the next PSIG teleconference. After that, the PSIG will report back on the results.

The PSIG shall report at least annually to the Advisory Committee on its activities.

Success Criteria

PSIG is not assessed based on any document related success criteria.

Coordination

The PSIG will coordinate with the W3C Advisory Board, the Advisory Committee and the W3C Team on IPR matters raised. During considerations and as needed, PSIG can informally liaise with the relevant institutions in the standards and public policy communities around the world. Informal coordination is done via the Interest Group's mailing lists.