We need to ensure that rights granted for version 1 of a technology (defined in the JSR x) will also permit the Spec Lead to incorporate the IP into version 2 of the technology (defined in JSR y.)
Section 4.A.I.a of the JSPA states that copyrights and trade secrets are granted for inclusion "into current and future versions of the Output," which seems to take care of this issue. However, there is no equivalent language in section 4.A.II which covers patent grants. Here, rights are only granted for the Output (the artifacts generated by the current JSR and for compatible implementations of the Spec. By definition, implementations of a later Spec (generated by a different JSR that builds on the current JSR) are not compatible, since they subset the current JSR.
So - this appears to be broken now. Whether or not it is, we must make sure that it is not broken in the new version of the JSPA.