The UK Government has today launched a consultation on Standard Essential Patents (SEPs). SEPs are patents that protect technology which is essential to implementing a technical standard (such as 5G). This new consultation has been launched with the aim of addressing potential problems with the UK's SEP ecosystem. 

The current SEP has been criticised for inefficiencies that that create barriers to innovation, particularly for smaller businesses seeking to implement standardised technologies. These challenges include knowledge and information gaps between SEP holders and implementers, a lack of transparency in the SEPs licencing process, and a costly and often complex dispute resolution environment. Additionally, resolving disputes can be costly and time-consuming. 

In response to these challenges, the Government is consulting on some proposed policy options aimed at ensuring the UK's SEP framework operates more efficiently, supporting both patent holders and technology implementers. The proposals aim to reduce frictions in licencing, achieve greater efficiency in dispute resolution, and more effectively deal with knowledge and information gaps between parties.

Perhaps the most significant proposal is that of introducing a specialist track to provide licence rates for SEP portfolios on a case-by-case basis. The aim of this would be to increase consistency and transparency in SEP pricing, in order to give businesses of all sizes a more efficient and cost-effective route to obtain SEP licence rates. The government is also proposing to require patent holders to disclose standard-related patent information to the IPO. This proposal is aimed at addressing the current opacity around SEPs and licensing obligations.

The consultation also seeks evidence on several other potential interventions:

• Pre-action protocols to encourage early disclosure of relevant information in negotiations

• Essentiality checking solutions to determine whether government should introduce an essentiality determination opinion service

• SEP remedies to ensure the patent framework provides adequate dispute resolution mechanisms

• Alternative Dispute Resolution (ADR) measures to understand current provision and accessibility

Read the full consolation documents here. 

Speaking about the launch of the consultation, the 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 straight forward and accessible - driving innovation, reducing costly litigation, and helping UK firms lead in developing the technologies of tomorrow."

The initial response from key industry bodies has been notably positive. Sarah Vaughan, President of the IP Federation, welcomed the "Government's open and evidence-based approach," supporting measures that enhance transparency and facilitate fair licensing negotiations.

Bobby Mukherjee, President of CIPA, highlighted the UK patent profession's expertise in the SEP arena and welcomed the IPO's "energy and vision" in this vital area.

The consultation runs until 7 October 2025. The government is particularly keen to hear from businesses developing or using standardised technologies about how the proposed measures could affect their innovation, investment, and growth plans.

Source: https://ipkitten.blogspot.com/2025/07/uk-ipo-launches-seps-consultation.html