Re: [dsdl-discuss] Patent

Reading the ISO/IEC Directives Part 1, 2.14.2, please
note that even though I have drawn SC34's attention
to the existence of the patent rights as per clause a)
and even though I am discussing matters with the patent
holder as per clause b), I do not consider that this
patent "covers any item of the proposal."

I base this on two reasons:

  1) The draft 19757 Part 3 does not rely on, mention,
   require, suggest or use the generation of links between
   between sets of documents, supplied externally.

  2) There is ample prior art, including from the existing
  ISO standards, W3C XML Schemas and my own published work,
  that limit the possible applicability of the patent in
  question, even apart from the linking issues (which is
  central to the patent.)

The existance of a patent is an impediment to (final) publication
of a standard, not to its adoption or progress through previous
stages.

If my discussions with the patent holders reveals that they
do not agree with my analysis, then I certainly will
re-raise this issue with SC34 and attempt to negotiate
a RAND license covering just as much as we need.

However, communication with them over the last five years
and their own published papers on the subject leads me to
believe they also do not believe their patent covers
Schematron. Consequently, I do not believe there is grounds
for SC34 to delay moving to the next stage.

Cheers
Rick Jelliffe

Editor
ISO 19757 Part 3
Rule-based validation language -- Schematron

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