Consultation on Standard Essential Patents
Potential measure 4: Assessing market provision of essentiality checking services
The government wants to better understand existing commercial essentiality assessment services, and the methodologies used in providing an accurate essentiality determination. We want to know if market solutions are affordable and accessible for UK innovators, especially SMEs. We will then be able to decide whether there is a need to introduce an essentiality assessment service at the IPO. An IPO essentiality service is one of several options, including the government accrediting an outside service provider, or leaving the market to develop further solutions as technologies emerge.
Current market
There are growing numbers of commercial services, but these generally operate on a subscription basis. However, there is some evidence that for smaller businesses these services may not be affordable. We would like to understand the cost of services, the methodologies used to assess essentiality, and the accuracy of essentiality determinations.
Possibility of an IPO essentiality service
The IPO heard from stakeholders (including through the UK’s participation in the EU Pilot study) that the most credible authority to provide essentiality determinations would be patent offices. We would like your views on the potential value of the IPO introducing such a service and how it could be designed to ensure accuracy, impartiality and trust in its determinations. It is also important to understand what the estimated use would be, who is likely to use it, and for what purpose, e.g. licensing negotiations, disputes, valuation of portfolios. This will ensure that any solution is fit for purpose and tailored to the needs of its users.