30/10/2026
In 2025, the UK IPO led a government consultation on Standard Essential Patents to understand whether the Standard Essential Patents (SEPs) ecosystem effectively supports innovation, competition and efficient licensing in the UK. 93 responses to the consultation were received from a wide variety of stakeholders. The UK has now published its conclusions.
The final report, published on 13 October 2026 (see link below), sets out “a package of targeted, practical measures the government will take forward to improve transparency, make dispute resolution more efficient and support better-informed licensing negotiations for SEPs”.
The government conceded that “stakeholders expressed differing views on the scale of the issues identified, the most appropriate solutions and whether there was a case for government intervention” and that “views were especially divided on the case for new regulatory mechanisms and on the role of injunctions in licensing negotiations”. As a result, some of the more ambitious proposals, such as a UK IPO “essentiality” service, and a standalone IPEC (Intellectual Property Enterprise Court) “Rate Determination Track” are not being introduced.
Much of the proposed package is about practical and targeted interventions to improve understanding and access to information. These are expected to especially benefit small to medium UK businesses (SMEs), and those with less experience of SEP matters. Measures include a) developing a system for rights holders to voluntarily provide standards-related patent information to the IPO and to assist businesses in identifying relevant SEPs; b) providing practical guidance to support entities involved in licensing, and litigation to understand expected behaviours and the requirements of good faith negotiations; and c) clearly sign posting and improving access to mediation and alternative dispute resolution (ADR) options.
Two more measures are still being considered which if implemented would provide further changes to the SEP ecosystem in the UK.
The first of these is a UK IPO led FRAND opinion service, which would provide an independent, non-binding opinion on whether proposed licensing terms fall within a fair, reasonable and non-discriminatory (FRAND) range. The UK IPO has launched a separate call for evidence on the feasibility and design of such a service. The new call for evidence expires on 20 December 2026 and is linked to below.
The second is a project to work with the judiciary to explore and develop an “early neutral evaluation” (ENE) FRAND determination process for UK court proceedings. This would build on the courts’ existing case-management powers under the UK Civil Procedure Rules, and would aim to encourage settlement and reduce the need to complete court litigation in order to have certainty. The court has powers that could be used to encourage early resolution in appropriate circumstances, but the signposting and development of a new clearer procedural pathway would give advantages. Further measures to make this possible might for example include an automatic stay in suitable FRAND cases to allow ENE or other ADR hearings, and ramifications on costs for parties who do not engage constructively with the process.
However, the report stresses that “Work on the feasibility and design will now begin on these proposals. No final decision has been made to establish an IPO-led FRAND Opinion Service or a court-anchored process; final decisions will follow once that work is complete.”
No doubt more information will be forthcoming after the subsequent consultation closes in December, and in 2027 after further discussion with the judiciary.
This content is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
The links below, provide an update and access to the call for evidence and other official reports.
Links:
- Full Report – Government response to the consultation on Standard Essential Patents (13 October 2026)
- Short Report – Government sets out next steps on Standard Essential Patents (13 October 2026)
https://www.gov.uk/government/news/government-sets-out-next-steps-on-standard-essential-patents
- UK Parliament Statement from Chris McDonald, Minister for Science, Innovation and Investment (13 October 2026)
https://questions-statements.parliament.uk/written-statements/detail/2026-10-13/hcws365
- UK IPO Call for Evidence : Open call for evidence – Feasibility of an IPO-led FRAND Opinion Service (20 October 2026)
- Report of CIPA Congress (26 May 2025)
