Petroleum Convenience Alliance for Technology Standards

PCATS IP SUBMISSION FORM

            __________________________________________________, as a Member in Good Standing of the Petroleum Convenience Alliance for Technology Standards ("PCATS"), or as a Participant voluntarily engaging in the Standards development work of PCATS (hereby collectively referred to as "Contributor"), hereby acknowledges and agrees that as of this date affixed to this Form, in accordance with the published PCATS Intellectual Property Policy, the technical claims and/or information identified and described below is being made available to PCATS (an accurate copy of which is attached electronically in PDF format) for consideration by the appropriate Technical Committee, Subcommittee, or Working Group, in the development or modification of an industry technology standard, and that, as such, this information and all related materials presented to PCATS (hereinafter referred to as the "Submission") shall be held by PCATS as part of the public domain to ensure its unfettered use by PCATS, its Members, and the public at large who may implement PCATS standards, unless the Submission is subsequently returned to Contributor if and when PCATS decides that this Submission is no longer appropriate for its standards development activity.   

            The only exception to this procedure, as also provided in the PCATS IP Policy, covers situations where a Contributor makes a Submission and a simultaneous disclosure of the existence of a patent, patent application, or its intention to patent the claims disclosed along with a proposed licensing agreement offering the patented materials for use in the PCATS Standards under either free or reasonable and non-discriminatory terms "Terms of License"), thereby enabling PCATS standards implementers rights to use such disclosed patent.  When such disclosure/license is made at the time of the Submission, then PCATS reserves the right to defer a decision on whether to use the Submission as part of the proposed standard or modification of any existing standard (collectively, the "Standards") for a period not to exceed twelve (12) months.  Such period is necessary for PCATS to evaluate the Submission for its appropriateness to be included in the Standards and to determine whether the Terms of License are appropriate for the situation, and if they are not, to negotiate acceptable terms and conditions with the Contributor.

            In support of this Submission Form, relying on the signature of the Contributor's Agent shown below, who by his or her signature represents that he or she has the authority to legally bind the Member or Participant, Contributor knowingly and intentionally makes the following statements against its interests:

1)      Unless an appropriate disclosure/Terms of License is made, Contributor recognizes that it no longer has any ownership or control over such Submission, and expressly represents that no patent rights previously have been obtained or applied for concerning any elements or claims found in the Submission. 

2)      Contributor agrees that, unless it is already claiming IP rights, as of the date of this Submission Form, it shall not, nor shall any of its employees, agents, or assigns, attempt to patent or copyright any of the Submission, including any aspects of the Submission that may eventually be included within a draft or final PCATS Standard.  Furthermore, Contributor specifically agrees that, if in the future, any IP rights are found to exist that are co-extensive with, related to, or based on any portion of the Submission, Contributor shall immediately upon the discovery of such IP rights, assign those rights to PCATS. 

3)      Contributor recognizes that, if any of the Submission is eventually included within a draft or final PCATS Standard, that PCATS shall have the exclusive right to copyright that Standard, including any part of the Submission contained therein. 

4)      Contributor hereby affirmatively waives all other rights to the Submission in favor of any rights asserted now or in the future by PCATS; provided, however, that if the Submission is returned to Contributor, it shall be able to reclaim all such rights.

5)      Contributor hereby agrees that PCATS shall have the right to pursue all legal remedies against it, including injunctive relief, if PCATS determines that Contributor has violated the terms of this Submission Form, and that Contributor shall be obligated to reimburse PCATS for all of its legal fees and costs associated with obtaining such relief.

Description of Technical Claims/Information and Related Materials

ACKNOWLEDGED AND AGREED:

_____________________________________

By:  _________________________________

Title:

Date: ________________________