Government launches SEPs consultation to boost UK innovation

The UK Intellectual Property Office (UKIPO) has today launched a consultation on potential measures to address challenges in the UK’s Standard Essential Patents (SEPs) ecosystem.

A patent that protects technology that is essential to implementing a technical standard (such as 5G) is known as an SEP. SEPs enable our devices to communicate seamlessly – from smartphones to electric vehicles, smart manufacturing, and innovations in healthcare. They are the building blocks of our connected future, helping to deliver real technological change.

However, available evidence points to inefficiencies in the UK’s SEP ecosystem that may create barriers to innovation, particularly for smaller businesses seeking to implement standardized technologies.

These challenges include knowledge and information gaps between SEP holders and implementers, a lack of transparency in the SEPs licensing process, and a costly and often complex dispute resolution environment. Resolving disputes can be costly and time-consuming – one recently reported case cost £31.5 million.

The UK Government is consulting on policy options to ensure the UK’s SEP framework operates more efficiently, supporting both patent holders and technology implementers. The proposals aim to reduce frictions in licensing, achieve greater efficiency in dispute resolution, and more effectively deal with knowledge and information gaps between parties.

The proposed measures aim to enable businesses of all sizes, including start-ups and scale-ups, to navigate the SEP framework with greater confidence.

Proposed measures include:

• Specialist rate determination track: Introducing a specialist track to provide licence rates for SEP portfolios on a case-by-case basis. This could increase consistency and transparency in SEP pricing. It could give businesses of all sizes a more efficient and cost-effective route to obtain a SEP licence rate.
• Mandatory provision of searchable information: Requiring patent holders to disclose standard-related patent information to the UKIPO. This would help address the current lack of transparency around SEPs and licensing obligations.

The UKIPO is also gathering further evidence regarding:

• The use of pre-action protocols: The UKIPO is seeking further evidence on pre-action protocols to establish if they work well in SEPs negotiations, by encouraging early disclosure of relevant information.  This will help determine if a specialist SEP pre-action protocol is necessary in cases where negotiations are less likely to result in an agreement and may lead to litigation.
• Essentiality checking solutions: Conducting a landscape review of essentiality checking solutions, to establish whether they are accessible for all parties, and establish if there is a case for the UK Government to introduce an essentiality determination opinion service.
• SEP remedies:  The UKIPO is seeking to better understand whether the patent framework provides adequate remedies for SEP disputes.
• Alternative Dispute Resolution (ADR) measures: The UKIPO is looking to understand the current provision of ADR services that can resolve SEP disputes, and the extent to which they are used and accessible for all businesses, especially smaller businesses.

Minister for Intellectual Property Feryal Clark MP said: “Intellectual property is central to the Government’s growth mission and underpins the technologies that power our connected future, from 5G and electric vehicles to smart manufacturing and healthcare. This consultation will help make the licensing of these technologies more straightforward and accessible, driving innovation, reducing costly litigation, and helping UK firms lead in developing the technologies of tomorrow.”

President of the IP Federation Sarah Vaughan said: “The IP Federation welcomes the Government’s open and evidence-based approach in launching this consultation on standard essential patents (SEPs). As long-standing advocates for a balanced and effective IP framework, we support measures that enhance transparency, facilitate timely and fair licensing negotiations, and promote efficient dispute resolution.”

President of the Chartered Institute of Patent Attorneys (CIPA) Bobby Mukherjee said: “The UK patent profession is one of the most skilled and experienced in the world in the SEP arena, and we welcome the IPO’s energy and vision in initiating activity in a vital support area for our market-leading offering. CIPA members welcome the opportunity to participate in this evidence-led consultation openly, reflecting the spectrum of views from SEP rights holders to implementers.”

Chief Executive of the UK Intellectual Property Office, Adam Williams, said: “This consultation is a critical opportunity for all stakeholders to help build a SEP ecosystem that works for everyone. We particularly want to hear from businesses developing or using standardized technologies about how proposed measures could affect their innovation, investment, and growth plans.

“The proposals outlined seek to address the diverse needs within our innovation ecosystem and take a balanced approach. By combining possible regulatory interventions with market-driven solutions, we want to create a framework that enhances the UK’s competitiveness while ensuring fairness and transparency across the technology value chain.”

The UK Government is encouraging responses from interested parties across the SEP ecosystem. These include patent holders and innovators who develop standard-essential technologies, technology implementers who incorporate SEPs into their products, legal services, and academia. The UKIPO is also encouraging views from start-ups and scale-ups who may face particular challenges with the current licensing system.

Industry bodies, standards organizations, intellectual property experts, and research institutions involved in standardized technologies, as well as consumer groups representing end-users of SEP-enabled technologies, are also encouraged to share their views.

The evidence and insights gathered will help ensure the UKIPO’s proposed measures address a broad set of needs across the innovation ecosystem and support balanced growth across the UK economy.

The consultation is open until October 7, 2025. Full details and response information are available here.

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