The government has today, 13 October 2026, published its response to a consultation on Standard Essential Patents (SEPs), detailing a package of targeted measures. These measures aim to improve transparency, make dispute resolution more efficient, and support better-informed licensing negotiations for SEPs.
SEPs protect innovations essential to technical standards, enabling products and services to connect and operate across borders. They are crucial for technologies such as smartphones, Wi-Fi, connected vehicles, and medical technology, with their importance expected to grow with emerging technologies like 6G and artificial intelligence.
Key initiatives include working with the judiciary to explore a court-anchored early FRAND (fair, reasonable and non-discriminatory) determination process within existing England and Wales court proceedings. The government will also develop FRAND licensing guidelines and undertake a call for evidence on a voluntary Intellectual Property Office (IPO)-led FRAND opinion service.
Further measures will focus on improving access to SEP information, supporting more constructive engagement before disputes reach court, and providing practical licensing guidance in collaboration with industry. The government will also work with industry to improve transparency around essentiality assessments.
The government considered stakeholder concerns regarding the use of injunctions during SEP licensing negotiations but found insufficient evidence that the current framework is systematically preventing market entry or discouraging innovation. Therefore, it does not consider further action to limit injunctions appropriate at this time.