Consultation on Standard Essential Patents

To achieve our objectives outlined in section 3, the government initially focused on three non-regulatory measures to support the SEP ecosystem:  

• launching a SEPs Resource Hub  

• increased international collaboration with other IP offices and jurisdictions; and 

• enhanced engagement with Standard Development Organisations (SDOs)  

The SEPs Resource Hub, launched in July 2024, was the first of the measures to be delivered. The Hub is an educational resource for UK businesses, providing information to help businesses navigate the licensing ecosystem. This includes standardisation, how and where SEPs arise, the licensing of SEPs, and how to navigate licensing disputes. The Hub also provides links to resources on case law, links to providers of alternative dispute resolution services and a glossary of commonly used terms. This resource will develop over time and new resources will be added on a regular basis. 

The IPO will be conducting an evaluation to better understand UK business awareness, use and understanding of the guidance contained in the Hub. The IPO will use the findings from the evaluation to inform the creation of new resources and updates to the contents of the Hub.  

The government recognises that SEPs are a global issue, and as such the UK is keen to ensure there is international collaboration with other IP offices and jurisdictions. We have taken a leadership role in coordinating discussions at an international level, which has resulted in the establishment of the Intergovernmental SEP Network (ISN). The ISN brings together international IP offices to discuss domestic and global policy developments. We believe the ISN will help to increase the pace and visibility of our international collaboration with other patent offices on global ecosystem challenges.   

In relation to SDO engagement, our objective is to shape their Intellectual Property Rights (IPR) policies. We are mindful that SDOs are voluntary, member-run organisations. However, we believe there could be more consistency and transparency in IPR policies across SDOs, for example, in relation to disclosure and declaration processes and FRAND obligations. We are also interested in the possibility of data-sharing arrangements with SDOs, so UK licensees have a better understanding of UK SEPs patent filings.     

The government will continue to pursue the above non-regulatory measures in addition to any further measures implemented following the conclusion of this consultation.