Professional Documents
Culture Documents
19,
2014
Dr.
Roberto
Boisson
de
Marca
President
and
CEO
Institute
of
Electrical
and
Electronics
Engineers
Dear
President
de
Marca
and
Members
of
the
IEEE
Board,
I
write
to
you
today
to
express
my
great
concern
about
proposed
changes
to
the
patent
policy
of
the
IEEE-SA,
and
the
process
by
which
those
changes
have
been
proposed.
I
believe
that
both
the
proposed
changes
and
the
process
that
has
been
followed
threaten
the
reputation
and
future
of
IEEE
as
a
developer
of
advanced
technology
standards.
I
do
not
send
this
letter
lightly.
As
a
long-time
member
of
the
IEEE
and
the
recipient
of
its
2013
Medal
of
Honor,
for
fundamental
contributions
to
digital
communications
and
wireless
technology,
I
care
too
much
about
the
IEEE
and
the
importance
of
its
work
to
stay
silent
about
this
issue.
I
believe
in
the
importance
of
the
patent
system
in
enabling
and
incentivizing
companies
to
invest
in
R&D,
and
contribute
the
resulting
technology
to
voluntary,
consensus-based
standards
bodies.
Fundamental
to
such
incentives
is
the
knowledge
that
contributing
companies
will
be
fairly
rewarded
for
their
extremely
risky
and
costly
research
investments.
The
proposed
drastic
changes
to
the
IEEE-
SA
patent
policy
that
have
come
to
my
attention
will
undermine
these
incentives,
and
greatly
hinder
continued
development
of
advanced
technology
standards
at
IEEE.
The
proposed
changes
are
apparently
intended
to
provide
short
term
commercial
benefits
to
its
proponents,
who
are
manufacturers
of
standards-compliant
products,
by
lowering
the
compensation
to
the
innovative
companies
that
contribute
the
technology
underpinning
the
standard.
But
the
long
term
impact
of
this
proposal
would
be
the
devaluation
of
patents,
thus
diminishing
the
incentives
to
do
research
and
development
directed
at
contributing
advanced
technology
to
IEEE
standards.
Those
who
have
contributed
their
best
and
most
valuable
technologies
to
IEEE
standards
will
not
continue
to
do
so
if
their
technologies
become
less
valuable
as
a
result
of
their
contribution
to
a
standard.
Moreover,
I
am
concerned
that
the
proposed
changes
to
the
patent
policy
have
been
pushed
through
despite
the
absence
of
any
evidence
of
actual
real-world
problems
with
the
existing
patent
policy.
Indeed,
all
available
evidence
indicates
that
the
current
patent
policy
is
working
rather
well,
encouraging
both
development
and
implementation
of
advanced
technology
standards
to
the
benefit
of
consumers.
I
understand
that
courts
have
in
fact
found
a
balance
in
enforcing
IEEE-SA's
current
patent
policy
and
protecting
the
interests
of
manufacturers
of
standards-compliant
products
who
believed
they
were
being
treated
unfairly
by
owners
of
patents
essential
to
IEEE
standards.
Furthermore,
I
understand
that
there
is
no
legal
or
regulatory
requirement
on
IEEE
to
make
these
changes.
As
noted
above,
the
process
by
which
the
proposed
changes
to
the
patent
policy
have
arisen
within
IEEE-SA
also
threatens
the
IEEE's
reputation
for
integrity.
I
understand
that
the
proposed
changes
were
created
by
a
closed
ad-hoc
group
that
consistently
rejected
the
repeated
and
detailed
objections,
alternative
suggestions,
letters
of
complaint,
and
appeals
of
some
thirteen
respected
global
technology
companies.
That
process
is
not
consistent
with
the
IEEE-SA's
core
values
of
openness,
due
process,
collaboration
with
all
interested
stakeholders,
and
consensus-based
decision-making.
Such
failure
to
follow
the
IEEE-SA's
core
values
should
be
alarming
to
all
stakeholders
in
IEEE
who
wish
to
see
the
IEEE
continue
to
attract
the
best
innovations
and
foster
the
development
of
new
and
advanced
technology
standards,
since
it
is
those
core
values
that
are
the
hallmark
of
IEEE's
reputation
and
success.
As
a
faithful
supporter
of
the
IEEE,
I
strongly
urge
members
of
the
IEEE
Board
to
carefully
reconsider
whether
there
is
any
proven
need
to
change
the
IEEE-SA
patent
policy
used
for
IEEE
standards,
and
if
so,
to
require
that
any
proposed
changes
be
developed
in
an
open
and
collaborative
manner,
respecting
the
importance
of
incentives
to
innovate,
and
only
with
the
support
of
a
broad
consensus
among
all
interested
stakeholders,
as
expressed
by
the
core
values
of
the
IEEE
standards
process.
Sincerely
yours,
IRWIN
MARK
JACOBS
Founding
Chairman
and
CEO
Emeritus
Qualcomm
IEEE
Fellow
Recipient,
IEEE
Alexander
Graham
Bell
Medal,
1995
Recipient,
IEEE/RSE
Wolfson
James
Clerk
Maxwell
Award,
2007
Recipient,
IEEE
Medal
of
Honor,
2013