UK IPO launches consultation on Standard Essential Patents - Lewis Silkin LLP

The UK Intellectual Property Office (UKIPO) has launched a consultation on Standard Essential Patents (SEPs), seeking views from businesses, innovators, legal professionals, and other stakeholders on how to improve the UK's SEP licensing ecosystem. The consultation opened on 15 July 2025 and will run until 7 October 2025.

What is a Standard Essential Patent (SEP)?

A Standard Essential Patent is a patent that protects technology essential to implementing a technical standard—such as 5G, Wi-Fi, or other connectivity protocols. These patents are crucial for ensuring that devices and systems from different manufacturers can work together seamlessly, underpinning everything from smartphones and electric vehicles to smart manufacturing and healthcare technologies.

The UKIPO has gathered evidence on the SEP landscape since 2021 and wants to source views on the identified challenges, such as a lack of transparency in licensing and dispute resolution. The UKIPO wants to address the issues that can create barriers to innovation, particularly for SMEs and new market entrants.

The consultation sets out a range of potential measures to address these challenges including:

Specialist Rate Determination Track: The UKIPO proposes introducing a new, specialist track—potentially within the Intellectual Property Enterprise Court (IPEC)—to provide efficient, case-by-case determinations of SEP licence rates. This aims to increase consistency and transparency in SEP pricing and offer a more cost-effective route for businesses to obtain a licence rate.

The UKIPO proposes introducing a new, specialist track—potentially within the Intellectual Property Enterprise Court (IPEC)—to provide efficient, case-by-case determinations of SEP licence rates. This aims to increase consistency and transparency in SEP pricing and offer a more cost-effective route for businesses to obtain a licence rate. Mandatory disclosure of standard-related patent information: Patent holders may be required to provide searchable information about their SEPs to the UKIPO. This would help address the current lack of transparency around which patents are essential to which standards and clarify licensing obligations.

Patent holders may be required to provide searchable information about their SEPs to the UKIPO. This would help address the current lack of transparency around which patents are essential to which standards and clarify licensing obligations. Pre-Action protocols and dispute resolution: The consultation seeks evidence on the effectiveness of pre-action protocols in SEP negotiations and explores whether a specialist SEP pre-action protocol is needed. It also examines the adequacy of current remedies for SEP disputes and the accessibility of Alternative Dispute Resolution (ADR) services, especially for SMEs.

The consultation seeks evidence on the effectiveness of pre-action protocols in SEP negotiations and explores whether a specialist SEP pre-action protocol is needed. It also examines the adequacy of current remedies for SEP disputes and the accessibility of Alternative Dispute Resolution (ADR) services, especially for SMEs. Essentiality checking solutions: The UKIPO is reviewing the availability and accessibility of essentiality checking services and is considering whether to introduce a government-led essentiality determination opinion service.

The consultation is open to all interested parties, including SEP holders, technology implementers, legal professionals, industry bodies, academics, and consumer groups. Responses can be submitted via the government's Citizen Space platform or by emailing SEPs@ipo.gov.uk. The consultation closes at 23:59 on 7 October 2025.