Consultation on Standard Essential Patents

Closes 7 Oct 2025

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Potential measure 5b: Alternative dispute resolution (ADR)

The IPO has conducted a review of ADR services available for dealing with SEP disputes. We concluded there are sufficient ADR service providers domestically and internationally that can deal with IP related matters, including SEP disputes. However, the IPO has been unable to find enough evidence to assess how frequently these services are used, or their effectiveness.   

The limited evidence the IPO has, points to lower-than-expected use of ADR services to resolve licensing disputes. This may be because of a lack of awareness of these services but we cannot substantiate this. 

In the UK, there is a growing desire to promote and encourage the use of ADR to resolve disputes. The Ministry of Justice, the government department at the heart of the justice system, is committed to promoting the use of dispute resolution services and continues to explore options to increase its uptake across the civil justice system. In May 2024, it brought into effect a mediation requirement for parties involved in money claims up to the value of £10k in the county courts. This allowed parties to take part in a free one-hour mediation appointment with His Majesty’s Courts and Tribunals Service’s Small Claims Mediation Service as an integrated step in the litigation journey. Where mediation is not successful, the case will move onto a court hearing. This reform will help thousands of people and businesses each year resolve their legal disputes without the need for litigation.  

UK case law further reflects this development, as evidenced by the Court of Appeal decision in James Churchill v Merthyr Tydfil County Borough Council. This case mandated the parties to use an existing ADR service, before any further court litigation could continue. Further to UK case law, amendments were made in October 2024 to the Civil Procedure Rules (CPR). These amendments allow courts in England and Wales to order or encourage parties to engage in ADR, where such an order is proportionate and does not undermine the parties’ right to a judicial hearing. 

We do not feel at this stage there is a need for the government to introduce any mandatory requirements regarding ADR. It is the government’s aim to use the findings from this consultation to help build our evidence base to promote ADR services and encourage their use in SEPs cases. We will also ensure that ADR is considered when taking forward potential options. 

Existing ADR services  

The government would like to better understand the use and effectiveness of existing ADR services. We would also like to understand how improvements could be made to the ecosystem to support greater use of ADR services. 

Outcomes could include signposting to existing services within the SEPs Resource Hub and hosting joint webinar events with ADR providers. They could also include the need for more substantial government intervention, such as expansion of existing mediation services (like the IPO’s). 

37. How aware are you of ADR services available to resolve SEP licensing disputes?
38. Have you used ADR services to resolve a SEP disputes? Please explain your answer.
39. What barriers, if any, have had an effect on your ability to use ADR services to resolve SEP a dispute?
40. Are you an ADR provider? If so, could you explain your experience of dealing with SEP disputes within your services.

We are particularly interested in:

  • how many SEP dispute referrals have you had? 
  • what are the types of issues parties with SEP disputes are seeking to resolve? 
  • where are the parties who are seeking your services based?  
  • what ADR services are parties involved in SEP disputes seeking (e.g. mediation, arbitration)?  
  • what is the size of the businesses seeking your services to resolve their SEP dispute (e.g. micro (up to 9 employees, small (10–49 employees), medium (50–249 employees) and large (250 + employees))? 
  • what is the success rate of the resolution of the SEP disputes you’ve encountered?  
41. In your view, is there a need for the government to expand the IPO’s mediation services to support businesses resolve their SEP disputes, or are existing ADR services adequate?