From ddfc52a33b2deece61fd716600cfb13f7d4a358f Mon Sep 17 00:00:00 2001 From: openfin-gavin <83601551+openfin-gavin@users.noreply.github.com> Date: Fri, 17 Dec 2021 14:06:46 +0000 Subject: [PATCH 1/7] Update 5._Governance.md Added section 6 covering Patent Application Disclosure; Good Faith --- 5._Governance.md | 12 ++++++++++++ 1 file changed, 12 insertions(+) diff --git a/5._Governance.md b/5._Governance.md index b36de21..345a3a5 100644 --- a/5._Governance.md +++ b/5._Governance.md @@ -49,3 +49,15 @@ Inspired by [ANSI’s Essential Requirements for Due Process](https://share.ansi ## 5. Non-Confidential, Restricted Disclosure. Information disclosed in connection with any Working Group activity, including but not limited to meetings, Contributions, and submissions, is not confidential, regardless of any markings or statements to the contrary. Notwithstanding the foregoing, if the Working Group is collaborating via a private repository, the Participants will not make any public disclosures of that information contained in that private repository without the Approval of the Working Group. + +## 6. Patent Application Disclosure; Good Faith +An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of claims in a patent application and, either such claims were (i) developed based on, or (ii) include (in whole or in part), information from a Working Group document (including draft or final specifications) or discussions (“Working Group Claims”). The Participating Organization must disclose the existence of such pending patent applications upon the earlier of: (i) filing the application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. Disclosure can be actioned by making a pull request or commit to the repository’s Notices.md file and including either: + +1. the text of the filed application, or +2. In the case the application is public, the appropriate information necessary for a practitioner to locate the text of the filed application, plus such detail regarding any claims that would be necessarily infringed by an implementation of the specification under development as would not disclose trade secrets, and the portion of the draft specification that would result in infringement (a “Disclosure”). + +Furthermore, Disclosure is required for unpublished, amended and/or added claims that have been allowed by relevant legal authorities and that are Working Group Claims. + +All Participants and Observers must, as a condition to participating on the Working Group, deal with other Working Group Participants honestly, fairly and in good faith in all respects. + +Violations by Participants, Observers or Participating Organizations of this section of the project governance will be considered and treated as violations of the Code of Conduct. From cafe8f87fbd138cc00b17bbea317900969c5f4f8 Mon Sep 17 00:00:00 2001 From: Gabriele Columbro Date: Fri, 14 Jan 2022 14:15:10 -0800 Subject: [PATCH 2/7] Updating with LF amendments agreed with contributor (OpenFin) After LF Legal review and conversations / agreement with the contributor (OpenFin): - Updating proposed governance with amendments restricting patent disclosure to 1. Necessary Claims 2. Patents participating organizations are aware of. - Removing code of conduct amendments to move into Code_of_Conduct.md. --- 5._Governance.md | 5 ++--- 1 file changed, 2 insertions(+), 3 deletions(-) diff --git a/5._Governance.md b/5._Governance.md index 345a3a5..0780a1b 100644 --- a/5._Governance.md +++ b/5._Governance.md @@ -51,7 +51,8 @@ Inspired by [ANSI’s Essential Requirements for Due Process](https://share.ansi Information disclosed in connection with any Working Group activity, including but not limited to meetings, Contributions, and submissions, is not confidential, regardless of any markings or statements to the contrary. Notwithstanding the foregoing, if the Working Group is collaborating via a private repository, the Participants will not make any public disclosures of that information contained in that private repository without the Approval of the Working Group. ## 6. Patent Application Disclosure; Good Faith -An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of claims in a patent application and, either such claims were (i) developed based on, or (ii) include (in whole or in part), information from a Working Group document (including draft or final specifications) or discussions (“Working Group Claims”). The Participating Organization must disclose the existence of such pending patent applications upon the earlier of: (i) filing the application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. Disclosure can be actioned by making a pull request or commit to the repository’s Notices.md file and including either: +An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application and, and, that such claims were based in whole or in part on +information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Participating Organization must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: 1. the text of the filed application, or 2. In the case the application is public, the appropriate information necessary for a practitioner to locate the text of the filed application, plus such detail regarding any claims that would be necessarily infringed by an implementation of the specification under development as would not disclose trade secrets, and the portion of the draft specification that would result in infringement (a “Disclosure”). @@ -59,5 +60,3 @@ An organization that employs (full or part time) or engages as a contractor any Furthermore, Disclosure is required for unpublished, amended and/or added claims that have been allowed by relevant legal authorities and that are Working Group Claims. All Participants and Observers must, as a condition to participating on the Working Group, deal with other Working Group Participants honestly, fairly and in good faith in all respects. - -Violations by Participants, Observers or Participating Organizations of this section of the project governance will be considered and treated as violations of the Code of Conduct. From 2ad2563087979e72eca8c738b450678c35b8c4c4 Mon Sep 17 00:00:00 2001 From: Gabriele Columbro Date: Fri, 14 Jan 2022 14:18:31 -0800 Subject: [PATCH 3/7] Adding references to patent disclosure violations Moving, after agreement from contributor (OpenFin), proposed patent disclosure violations into Code_of_Conduct.md. --- 8._Code_of_Conduct.md | 1 + 1 file changed, 1 insertion(+) diff --git a/8._Code_of_Conduct.md b/8._Code_of_Conduct.md index 07754f9..0ae4f4d 100644 --- a/8._Code_of_Conduct.md +++ b/8._Code_of_Conduct.md @@ -2,3 +2,4 @@ Contributors to FINOS standards projects should follow the FINOS Code of Conduct, which can be found at: https://github.com/finos/community/blob/master/governance/Code-of-Conduct.md +Additionally, violations by Participants, Observers or Participating Organizations of Section 6 of the project governance as set forth in the [Governance.md](https://github.com/finos/standards-project-blueprint/blob/master/5._Governance.md) file will be considered and treated as violations of the Code of Conduct. From fa223ac4a2150171d13c2ec13d65e645241d1ff3 Mon Sep 17 00:00:00 2001 From: Gabriele Columbro Date: Fri, 14 Jan 2022 14:36:33 -0800 Subject: [PATCH 4/7] Fixing typos --- 5._Governance.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/5._Governance.md b/5._Governance.md index 0780a1b..6e7da80 100644 --- a/5._Governance.md +++ b/5._Governance.md @@ -51,7 +51,7 @@ Inspired by [ANSI’s Essential Requirements for Due Process](https://share.ansi Information disclosed in connection with any Working Group activity, including but not limited to meetings, Contributions, and submissions, is not confidential, regardless of any markings or statements to the contrary. Notwithstanding the foregoing, if the Working Group is collaborating via a private repository, the Participants will not make any public disclosures of that information contained in that private repository without the Approval of the Working Group. ## 6. Patent Application Disclosure; Good Faith -An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application and, and, that such claims were based in whole or in part on +An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application, and that such claims were based in whole or in part on information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Participating Organization must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: 1. the text of the filed application, or From bd1906be4641ae6a0cd749e6254fc533f0a0ad14 Mon Sep 17 00:00:00 2001 From: Gabriele Columbro Date: Fri, 14 Jan 2022 14:37:51 -0800 Subject: [PATCH 5/7] Fixing indentation --- 5._Governance.md | 3 +-- 1 file changed, 1 insertion(+), 2 deletions(-) diff --git a/5._Governance.md b/5._Governance.md index 6e7da80..316464c 100644 --- a/5._Governance.md +++ b/5._Governance.md @@ -51,8 +51,7 @@ Inspired by [ANSI’s Essential Requirements for Due Process](https://share.ansi Information disclosed in connection with any Working Group activity, including but not limited to meetings, Contributions, and submissions, is not confidential, regardless of any markings or statements to the contrary. Notwithstanding the foregoing, if the Working Group is collaborating via a private repository, the Participants will not make any public disclosures of that information contained in that private repository without the Approval of the Working Group. ## 6. Patent Application Disclosure; Good Faith -An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application, and that such claims were based in whole or in part on -information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Participating Organization must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: +An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application, and that such claims were based in whole or in part on information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Participating Organization must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: 1. the text of the filed application, or 2. In the case the application is public, the appropriate information necessary for a practitioner to locate the text of the filed application, plus such detail regarding any claims that would be necessarily infringed by an implementation of the specification under development as would not disclose trade secrets, and the portion of the draft specification that would result in infringement (a “Disclosure”). From b2df90ea8221553c675f77721638141a8c10affd Mon Sep 17 00:00:00 2001 From: openfin-gavin <83601551+openfin-gavin@users.noreply.github.com> Date: Sun, 13 Feb 2022 14:29:47 +0000 Subject: [PATCH 6/7] Update 5._Governance.md Addresses the concern that firms with large patent portfolios may have around disclosure requirements. We now propose narrower language that only requires disclosure if the participant in the Working Group meeting has knowledge of a patent. --- 5._Governance.md | 2 +- 1 file changed, 1 insertion(+), 1 deletion(-) diff --git a/5._Governance.md b/5._Governance.md index 316464c..0d42fe3 100644 --- a/5._Governance.md +++ b/5._Governance.md @@ -51,7 +51,7 @@ Inspired by [ANSI’s Essential Requirements for Due Process](https://share.ansi Information disclosed in connection with any Working Group activity, including but not limited to meetings, Contributions, and submissions, is not confidential, regardless of any markings or statements to the contrary. Notwithstanding the foregoing, if the Working Group is collaborating via a private repository, the Participants will not make any public disclosures of that information contained in that private repository without the Approval of the Working Group. ## 6. Patent Application Disclosure; Good Faith -An organization that employs (full or part time) or engages as a contractor any Working Group Participant or Observer will be considered a “Participating Organization”. Disclosure is required when a Participating Organization has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application, and that such claims were based in whole or in part on information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Participating Organization must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: +Disclosure is required when a Working Group Participant or Observer has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application owned by his / her employer (whether full time, part time or as a contractor), and that such claims were based in whole or in part on information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Working Group Participant or Observer must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: 1. the text of the filed application, or 2. In the case the application is public, the appropriate information necessary for a practitioner to locate the text of the filed application, plus such detail regarding any claims that would be necessarily infringed by an implementation of the specification under development as would not disclose trade secrets, and the portion of the draft specification that would result in infringement (a “Disclosure”). From 48d3c289ee3a41da6d18f4ec61871cc3823fef6d Mon Sep 17 00:00:00 2001 From: openfin-gavin <83601551+openfin-gavin@users.noreply.github.com> Date: Mon, 14 Feb 2022 22:13:31 +0000 Subject: [PATCH 7/7] Update 5._Governance.md Reduced ambiguity around disclosure requirements --- 5._Governance.md | 8 +++----- 1 file changed, 3 insertions(+), 5 deletions(-) diff --git a/5._Governance.md b/5._Governance.md index 0d42fe3..d595bef 100644 --- a/5._Governance.md +++ b/5._Governance.md @@ -51,11 +51,9 @@ Inspired by [ANSI’s Essential Requirements for Due Process](https://share.ansi Information disclosed in connection with any Working Group activity, including but not limited to meetings, Contributions, and submissions, is not confidential, regardless of any markings or statements to the contrary. Notwithstanding the foregoing, if the Working Group is collaborating via a private repository, the Participants will not make any public disclosures of that information contained in that private repository without the Approval of the Working Group. ## 6. Patent Application Disclosure; Good Faith -Disclosure is required when a Working Group Participant or Observer has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application owned by his / her employer (whether full time, part time or as a contractor), and that such claims were based in whole or in part on information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Working Group Participant or Observer must disclose the existence of a pending patent application containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: +Disclosure is required when a Working Group Participant or Observer has knowledge of the inclusion of Necessary Claims (as defined in the [Community Specification](https://github.com/finos/standards-project-blueprint/blob/master/1._Community_Specification_License-v1.md?plain=1#L87)) in a patent application or granted patent owned by his / her employer (whether full time, part time or as a contractor), and that such claims are either (a) found in a patent application, granted patent in existence to relevant discussions in a working group, or (b) are found in a patent application and were based in whole or in part on information from a Working Group document (including draft or final specifications) or discussions within the Working Group that produced such document (“Working Group Claims”). The Working Group Participant or Observer must disclose the existence of a pending patent application or granted patent containing Working Group Claims upon the earlier of: (i) filing the patent application(s), or, (ii) when the claims are discussed or included in a Working Group document or discussion. A Disclosure obligation can be satisfied by making a pull request or commit to the repository’s Notices.md file and including either: -1. the text of the filed application, or -2. In the case the application is public, the appropriate information necessary for a practitioner to locate the text of the filed application, plus such detail regarding any claims that would be necessarily infringed by an implementation of the specification under development as would not disclose trade secrets, and the portion of the draft specification that would result in infringement (a “Disclosure”). - -Furthermore, Disclosure is required for unpublished, amended and/or added claims that have been allowed by relevant legal authorities and that are Working Group Claims. +1. the text of the filed application if public, and identification of the working group claims in question and the portion of the draft specification under development that would result in infringement, or +2. In the case the application is non public, the appropriate information necessary for a practitioner to locate the text of the filed application, plus such detail regarding any Working Group Claims that would be necessarily infringed by an implementation of the specification under development as would not disclose trade secrets, and the portion of the draft specification that would result in infringement; in each case a “Disclosure”. Furthermore, subsequent disclosure is required for unpublished, amended and/or added claims that have been allowed by relevant legal authorities and that are Working Group Claims. All Participants and Observers must, as a condition to participating on the Working Group, deal with other Working Group Participants honestly, fairly and in good faith in all respects.