[License-review] A request for checking the review status of Mulan OWLs v1

[Roland Turner]

On 16/8/23 02:33, McCoy Smith wrote:

> > Behalf Of Pamela Chestek
> > 
> > Don't you think that the a disclaimer of a patent grant is a violation of
> several
> > points of the OSD? 
>
> I think that is a fair reading. I just don't understand why making that
> reading explicit can't be done (and apologies if that's in the process of
> being done).
> I tend to think that if there are license provisions that will automatically
> result in rejection, and that recur in submissions, it might be useful to
> spell that out for future submitters (and for future reviewers). At a
> minimum, it could reduce the number of submissions that are destined to be
> rejected, and will help license drafters in preparing their licenses prior
> to submission.

You'd initially proposed a hard and fast rule about the consequences of 
patent licenses. Pamela has made the case for making such decisions on 
the basis of the existing rules. Perhaps an effective resolution to the 
issue that's concerning you (and yes, I've noticed the same errors being 
made repeatedly) is to develop and provide a guidance document for use 
by applicants. A guidance document need not alter the rules under which 
a decision is made, but is a convenient place to gather — and for 
applicants to find — helpful information of this type.

- Roland