Consultation outcome

Standard Essential Patents and Innovation: Call for views

This consultation has concluded

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Detail of outcome

The Government published a Call for Views on Standard Essential Patents (SEPs) and Innovation in December 2021. The purpose of the call for views was to gather evidence on whether the ecosystem around SEPs is functioning efficiently and effectively and strikes the right balance for all entities involved. The purpose is to help assess whether government intervention is required. This publication summarises the responses to each question thematically. Some respondents chose to group their responses to different questions in one place. Where helpful we have sometimes grouped our summary of responses to reflect this and to avoid duplication.

The Summary of Responses covers six themes:

  1. The balance of the ecosystem and benefits to innovation and consumers
  2. Competition and market functioning
  3. Transparency
  4. Patent infringement and remedies
  5. Licensing of SEPs
  6. SEP litigation

The responses provided valuable evidence and data and various issues were raised. Given the breadth of issues raised and the divergence of the views on whether there is a case for government intervention, the IPO has decided that it will require a further period to assess the issues and, as appropriate, consider the merits of the proposals submitted.  This publication does not propose any changes or reforms to the SEPs framework and the views are not of the government but those of respondents.

Detail of feedback received

56 written submissions were received from sectors including the telecoms and automotive industries, tech industry, academia, and legal and IP professions.

We also received 40 (validated) written responses to our SME, small-cap and mid-cap businesses questionnaire from a variety of sectors which included the telecoms, healthcare and automotive industries, tech industry and legal and IP professions.


Original consultation

Summary

The government is undertaking a call for views on standard essential patents. To better understand the current framework’s function to support innovation.

This consultation ran from
to

Consultation description

The government seeks views as to whether the Standard Essential Patents (SEPs) framework is functioning efficiently and strikes the right balance for all entities involved.

Our aim is to produce the optimal IP framework for the UK that will promote innovation and creativity both now and, in the future. Whilst ensuring the government’s ambitions set out in the Innovation Strategy and Diversification Strategy is supported.

We ask for your responses on the issues effecting the SEPs framework highlighted in the sections of the call for views. We would like evidence-based responses where possible.

This call for views will run for 12 weeks. It is open from 7 December 2021 and will close on 1 March 2022.

Documents

Standard Essential Patents and Innovation: Call for Views Response Form

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Published 7 December 2021
Last updated 5 July 2023 + show all updates
  1. SEPs questionnaire for SME, small-cap and mid-cap businesses: Summary of Responses

  2. Standard Essential Patents and Innovation: Executive summary and next steps and Summary of Responses to the Call for Views published.

  3. First published.