IPO’s consultation on Standard Essential Patents (SEPs) and Innovation

IPO’s consultation on Standard Essential Patents (SEPs) and Innovation

The UK government is seeking views from industry and others both domestically and globally as to whether the ecosystem surrounding Standard Essential Patents (SEPs) is functioning efficiently and effectively and striking the right balance for all entities involved. The purpose of the consultation is to help assess whether government intervention is required.

The consultation forms part of the government’s UK Innovation Strategy: leading the future by creating it and responses can be submitted until 11:45pm UK time on 1 March 2022.


Introductory questions

Questions forming part of the Views Response Form centre around the following:

  • the relationship between SEPs, innovation and competition;
  • how the SEP ecosystem is functioning and whether the current ecosystem strikes the right balance between actors in it;
  • transparency in the system, particularly concerning declaration of patents essential to a standard and pricing of SEPs; and
  • the way legal and regulatory frameworks interact with users of the SEP ecosystem, including the patent framework and how this enables patent holders and implementers to utilise SEPs. Consideration is also given to the efficiency of licensing and the effectiveness of FRAND litigation.

Parties wishing to influence the UK’s position should look to prepare a response before the deadline. There is no expectation or requirement that all questions are completed so parties may only answer questions that are relevant to them and their business.

A response form including specific questions is available on the Standard Essential Patents and Innovation: Call for views page. Completed forms should be sent to SEPcallforviews@ipo.gov.uk.


After the call for views closes

Following the closing date of the consultation, the government will assess the responses and publish a summary of these. The information obtained will help to inform the government’s decision on any next steps on potential intervention that may be required.


European public consultation on Standard Essential Patents

The UK’s call for views comes at a time when the European Commission plans to carry out a similar exercise as part of their initiative for establishing a new framework for SEPs.

The article authors will be monitoring developments with interest and will report any significant updates.


If you would like to discuss Standard Essential Patents, or have related questions, you can contact the writers, or a member of our top rated patents team.

Category: Latest Insights | Author: Lloyd Palmer, Nikesh Patel | Published: | Read more