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Intellectual Property Office gov.uk

Government sets out next steps on Standard Essential Patents  

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This sets out a package of targeted, practical measures the government will take forward to improve transparency, make dispute resolution more efficient and support better-informed licensing negotiations for SEPs. 

SEPs are patents which protect innovations essential to technical standards, enabling products and services to connect, communicate and operate across borders. They underpin economically significant technologies including in smartphones, Wi-Fi, connected vehicles, medical technology and advanced manufacturing. Their importance is set to grow as declared SEPs increase worldwide, and new technical standards develop for emerging technologies such as 6G and artificial intelligence. 
 
The measures set out in the consultation response are focused on making this increasingly important ecosystem clearer and more efficient for all businesses to navigate. 

The government will take forward targeted measures to: 

  • the government will work with the judiciary to explore the introduction of a court-anchored early FRAND (fair, reasonable and non-discriminatory) determination process within existing England and Wales court proceedings
  • the government will develop FRAND licensing guidelines setting out how parties should engage with that pathway, and any IPO-led FRAND opinion service; and
  • the government will undertake a call for evidence on the feasibility and design of a voluntary IPO-led FRAND opinion service to give parties an early view on whether a proposed SEP licence offer lies within a FRAND range
  • the government will develop a voluntary route for rightsholders to provide standard-related patent information at the IPO
  • this will include working with industry to develop a workable approach that makes it easier for businesses to identify relevant SEPs

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    October 13, 2026 11:03
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