Thursday, 9 December 2021

The Intellectual Property Office of the United Kingdom Call For Opinions on Standard Essential Patents


The Intellectual Property Office has published a Call for views on Standard Essential Patents (SEPs).

 The purpose of the call for views is to allow the UK Government to better understand whether the current SEPs framework encourages innovation and effectively promotes competition in markets, or whether there are any barriers to innovation and competition. It will establish whether government intervention is required and understand what intervention could look like.

 The call for views will seek to gather evidence on the following:


· The link between SEPs, innovation and competition and how these elements interrelate with each other.

 · The functioning of the market and whether balance is right between SEP holders and implementers.

 · The level of transparency in the SEPs framework.

 · How pricing in licensing of SEPs is determined during negotiations.

 · The functioning of licensing agreements, the patent system, the IP framework and the courts system.

The call for views will run for a duration of 12 weeks closing on 1 March 2022 at 23:45. After this call for views closes the government will assess the responses it receives and this will inform the government’s decision on any next steps on potential intervention that is required.

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