RAND Mode Clause Samples
RAND Mode. 2.3.1 Licensing Commitment - Each Participant in a RAND mode Technical Working Group agrees that it will offer to all applicants a nonexclusive, worldwide, non-sublicensable, patent license to its Necessary Claims on fair, reasonable, and non-discriminatory terms to make, have made, use, import, offer to sell, sell, and distribute Covered Implementations of any Final Specification adopted by such Technical Working Group.
2.3.2 Patent Disclosure Obligations - When a Draft Specification is ready to be considered as a Final Specification, the Technical Working Group chair will initiate a “Patent Notification Period.” To initiate a Patent Notification Period, the Technical Working Group chair will notify the Participants via email of the commencement of the Patent Notification Period. That notification will include a statement that identifies the Draft Specification subject to the Patent Notification Period, and such Patent Notification Period will be at least thirty (30) days from the date of the commencement of the Patent Notification Period. A Draft Specification may not become a Final Specification until the completion of its Patent Notification Period. During a Patent Notification Period if a Participant’s representative to the Technical Working Group has actual personal knowledge that the Participant or its Affiliates’ patents or published patent applications contain Necessary Claims, then the Participant shall disclose, in writing (which may be delivered via e-mail) to the Technical Working Group chair the existence of those patents or published patent applications. The Technical Working Group chair will make such declarations available to Members. Any disclosure made by a Participant pursuant to this section does not impose any obligation on a Member or its Participants to conduct any patent or other intellectual property searches of any kind or take any action other than as expressly stated above.
