Guidance

Standard Essential Patents: 2024 forward look

Published 27 February 2024

The IPO has now reported its findings to Ministers and agreed key objectives concerning SEPs. Those are:

• helping implementers, especially SMEs, navigate and better understand the SEPs ecosystem and Fair Reasonable and Non-Discriminatory (FRAND) licensing​;
• improving transparency in the ecosystem, both pricing and essentiality; and ​
• achieving greater efficiency in respect of dispute resolution, including arbitration and mediation

Delivering against those objectives, the government is now focussing on the introduction of key non-regulatory interventions before commencement of a public technical consultation later in 2024/25. It will cover the SEP framework and FRAND licensing. Those non-regulatory actions and details of the future technical consultation are set out below.

Non-regulatory interventions:

1. Introduction of a UK SEPs Resource Hub:

It is understood that resource-constrained SME and smaller innovators (generally referred to as implementers) often have a poor understanding of the SEPs ecosystem. This includes information around licensing, pricing, essentiality, and dispute resolution. There is information available, but this can be patchy, complex, hard to find, and may not come from a trusted source.

The IPO is aiming to launch an online SEPs Resource Hub by May 2024. This will be a repository of tools, guidance and other material designed to help SMEs navigate the SEPs ecosystem. Guidance may include signposting to dispute resolution procedures, information on patent pools, and court processes in the event of disputes.

The Hub is not static and will continue to develop over time. Its contents will be refreshed on an ongoing basis, including after any future technical consultation. We will be advised on its contents and potential functions by an ongoing Industry Working Group representing a range of SEPs interests.

2. International collaboration and enhanced engagement with Standard Development Organisations (SDOs)

We recognise that SEPs are a global issue, and our ambition is more coordination on those issues at an international level. As such, there will be an increase in the pace and visibility of our discussions with other patent offices on global ecosystem challenges.

Government will also increase its engagement with SDOs on both Intellectual Property Rights (IPR) policy and the involvement of SMEs in standardisation.

A future technical consultation on SEPs and FRAND licensing

We are still considering other options that could help improve the functioning of the market in respect of Standard Essential Patents. They would be subject to a full and formal technical consultation later in 2024. Any options that would require a change to legislation would be part of that full and formal technical consultation. Following that consultation, and having heard the views of stakeholders, Ministers would then decide which if any to proceed with. A final decision on what may be included within a consultation would rest with Ministers.

Clarifying our position on SEP Injunctions

We have considered the views from industry regarding injunctions through the Call for Views and industry engagement.

After careful consideration of the evidence, operation of relevant legal frameworks and international obligations, we have concluded that we will not be consulting on making legislative changes to narrow the use of injunctions in SEPs disputes. 

The IPO will continue engagement with relevant industry and institutions to continue to inform our ongoing policy development and implementation of those actions set out above.