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Amend Standard Governance with additional Patent Application Disclosure and Good Faith requirements #4

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8 changes: 8 additions & 0 deletions 5._Governance.md
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## 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
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 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.
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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.