Following a consultation, the UK government has announced a set of reforms aimed at improving the Standard Essential Patent (SEP) framework. The goal is to support innovation and ensure businesses of all sizes can engage with standardized technologies.
These reforms aim to enhance transparency regarding SEP information, promote early and effective licensing negotiations, and minimize unnecessary litigation. The plan includes seven key initiatives, such as a court-based early FRAND determination process and a voluntary FRAND opinion service provided by the Intellectual Property Office (IPO).
Reform Package Details
The reform package is the direct outcome of the government’s SEP consultation, which ran from 15 July to 7 October 2025. The UKIPO received 93 responses from rights holders, implementers, SMEs, legal professionals, and trade associations in the UK, the US, Europe, and Asia.
One of the most notable outcomes is the government’s decision not to introduce the previously proposed rate determination track (RDT) within the Intellectual Property Enterprise Court (IPEC). Instead, they will work with the judiciary to explore a court-anchored early neutral evaluation (ENE) mechanism within existing England and Wales court proceedings.
The IPO will consult stakeholders to assess the viability of a voluntary, non-binding ‘FRAND opinion’ service. If feasible, this service would provide parties with an early indication of whether a proposed SEP license offer aligns with a reasonable FRAND range.
Transparency and Injunctions
The government wants to introduce a measure for voluntary disclosure of standard-related patent information at the IPO, accessible through its One IPO search service. Rights holders will be asked to provide information at grant, and for European patents validated in the UK at the renewal stage.
The government has opted not to establish an IPO-run essentiality checking service at this time, citing feasibility concerns and the risk of assuming a quasi-judicial role. Regarding remedies, the current framework is deemed sufficient, and no legislative changes to injunction availability are planned.
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The Fair Standards Alliance (FSA), representing implementer interests, acknowledged the IPO’s progress but expressed that the proposals fall short of the full reform needed. The FSA described the measures as a positive initial step toward improving conduct before disputes reach court.
The government will proceed with further design and implementation efforts for the measures requiring action, collaborating with stakeholders, the judiciary, and experts. Legislation-dependent measures will need an appropriate legislative vehicle, and the government will consider whether mandatory disclosure or sanctions are justified if significant non-compliance is identified.
The IPO will continue working with WIPO, EPO, and SDOs to ensure UK provisions align with international offerings like WIPO’s Patentscope and EPO’s Patent Standards Explorer. Additionally, the government will develop FRAND licensing guidelines to promote consistent use of new measures without altering the FRAND legal framework.
Enhanced pre-action information exchange will be examined within the existing civil procedure framework. The IPO and relevant government departments will work with the judiciary to develop this.
The government will consider an SEP-specific pre-action protocol, which could provide clearer guidance for parties. This will be developed alongside the planned FRAND licensing guidelines.
If feasible, the service will provide an early indicative view on proposed SEP licence offers.
