EU Regulation relating to Standard Essential Patents (SEPs) – will this make it through to EU legislation?

Published

May 23 2023

Written By

Of Counsel
UK

I am a British and European patent attorney in our Intellectual Property group in London. I am involved with UK patent infringement actions relating to standard essential patents (SEPs), FRAND setting litigation and globally coordinated litigation, as well as SEP essentiality reviews and valuation. I am also authorised to represent clients before the Unified Patent Court (UPC) that opened in Europe in June 2023.

Practices

Regions

There was a leak, there was speculation and finally the formal proposal for a EU Regulation on standard essential patents issued on 27 April 2023. So what does it say and what would be its effect?

What is proposed?

The Regulation proposes that the European Union Intellectual Property Office (EUIPO) is given responsibility for various SEP matters in the EU. (The EUIPO is a EU organization based in Alicante, Spain that to date handles EU design and trade mark applications). In particular the EUIPO will: