Friday, 8 July 2011

Apple Exclude's Claims from W3C Royalty-Free License - W3C calls for Prior Art for US 7,743,336 and US 20070101146

The Worldwide Web Consortium (W3C) has called for Prior Art for US 7,743,336 and US 20070101146 assigned to Apple. The W3C is an international community that develops standards to ensure the long-term growth of the Web. The W3C has a total of 314 members of which Apple is also a part. Primarily, the W3C is responsible for governing the handling of patents in the process of producing Web Standards.  In order to derive benefits from the group, each participant agrees to make available certain "Essential Claims" that are necessary to the entire group on a royalty-free basis. Basically, "Essential Claims" are all claims in any patent or patent application in any country in the world and assigned to a member of the W3C consortium  that would necessarily be infringed, as there is no non-infringing alternative to perform the same steps or function as covered in the essential claims.

By declaring certain claims as  essential, the adoption of web standards by as many members and other payers in the web market is promoted as these claims are available to members of the W3C consortium without paying any money.  Thus, a member of the consortium that owns a patent or a patent application that includes essential claims is obliged to license these essential claims without any payment or royalty.

US 7,743,336 (titled "Widget Security") and US 20070101146 (titled "Safe Distribution and Use of Content") assigned to Apple disclose technology that is essential to Web Applications Widget Access Request Policy Specification. Apple has excluded the claims from '336 patent and US20070101146 from the W3C royalty-free licensing commitment that each member owes to all members of the consortium.

If a situation arises where claims of a patent or a patent application are essential to the web standards, but are not included under the W3C royalty-free licensing requirements, then a Patent Advisory Group (PAG) is formed to resolve the conflict and suggest alternative solutions. The PAG typically looks for alternative solution or alternative licensing terms. in some cases, the PAG calls for prior art for the patents in question. The PAG that has been set up for the claims covered in Apple's '336 patent and US 20070101146 publication has called for prior art. So, can you find any prior art for '336 patent and US 20070101146?

Further details about US 7,743,336 and US 20070101146:
US 20070101146: After two non-final rejections, the application had received a final rejection.  Thereafter, the application has received four more non-final rejection and the current status on USPTO Pair discloses that a second final rejection has been mailed.

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