Important Update on Standard Essential Patents (SEPs) and FRAND Licensing

Last week, the European Commission announced its intent to withdraw within the next six months the Proposal for a Regulation on Standard Essential Patents (SEPs) and FRAND Licenses, which aims at facilitating the licensing of SEPs under fair, reasonable, and non-discriminatory conditions. This proposal, which introduces a mandatory conciliation procedure at the EUIPO, has been highly controversial from the start.

This development could have had a significant impact on the patent procurement and licensing activities of many of our clients, whether SEP holders or potential licensees. With the prospect of an EU regulation now possibly receding, new developments in the SEP & FRAND landscape in Europe would likely be led by UPC case law.

In this ever-evolving environment, experts at Plasseraud IP remain committed to supporting our clients in handling their SEP patent and FRAND licensing issues.