UK Government publish response to Standard Essential Patents (SEPs) consultation

The UK Government has today published its response to the consultation on Standard Essential Patents (SEPs) which closed in October 2025.

The Government's response indicates that the UK is taking an evolutionary, rather than revolutionary, approach to SEP reform. Rather than reshaping the substantive law on SEPs or FRAND licensing, it is focusing on practical measures aimed at improving transparency, facilitating earlier dispute resolution and helping SMEs navigate the licensing landscape.

The key takeaways are:

1. No dedicated FRAND rate-setting court track

One of the headline consultation proposals was a new "Rate Determination Track" (RDT) within the Intellectual Property Enterprise Court (IPEC) to provide quicker and cheaper FRAND determinations. The Government has decided not to proceed with this proposal. Consultation responses supported the objective of faster and lower-cost dispute resolution, but there was insufficient evidence that a separate track would achieve those benefits in practice given the complexity of FRAND disputes.

2. Early FRAND assessment may become available

Instead of creating a new court track, the Government will work with the judiciary to explore a court-anchored early neutral evaluation process for FRAND disputes.

3. A UKIPO FRAND opinion service is being explored

The Government has asked the UKIPO to investigate a voluntary, non-binding FRAND opinion service that would provide an early view on whether a licence offer falls within a FRAND range. A pilot may follow if feasibility is established.

4. Transparency a main priority

The consultation identified a lack of transparency regarding SEP ownership and licensing. The Government intends to create a mechanism for voluntary disclosure of standard-related patent information through the UK IPO, creating a central source of SEP-related information and helping implementers identify patents that may require licences. This is a shift from initial consultation proposals which referred to the possibility of supplementing the One IPO Search service by mandating provision of information on patents disclosed as essential at standard development organisations (SDOs). 

5. No new essentiality-checking service

The Government concluded that the evidence did not justify an IPO-run essentiality assessment service at present. 

6. No change to injunctions or SEP remedies

Some respondents had argued for reform of injunctions in SEP disputes. The Government's conclusion is that existing remedies are "broadly adequate", and it does not currently see a case for legislative reform.

The Government’s response can be found here.

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