UK launches resource hub for SEP Standard Essential Patents
The UK’s Intellectual Property Office (IPO) has launched a resource hub for Standard Essential Patents (SEPs).
The SEP resource hub is divided into 4 parts, with guidance on Technical Standards and Standard Development Organisations as well as guidance on Standard Essential Patent Licensing. There is also guidance on dispute resolution and remedies and a UK case law tracker.
Each part of the SEP Resource Hub aims to help businesses to understand where they may interact with the various aspects of the SEP ecosystem and how to navigate those aspects more confidently.
SEP licensing starts with the development of technical standards, from mobile handsets that seamlessly communicate between different brands and across national borders; cars that can update with the latest traffic information and driverless cars and drones to digital healthcare and smart homes.
The guidance explains what standards are, the process of standardisation and what a SEP is. It also provides some introductory information on Standard Development Organisations (SDOs).
The SEP Licensing guidance explains the legal framework that governs the licensing of SEPs, including licensing on Fair, Reasonable and Non-Discriminatory (FRAND) terms.
The SEP Licensing guidance provides an overview of the steps in a typical IP licensing negotiation journey and the additional complexities of licensing SEPs. It provides guidance on how to obtain a licence, what licensing models are typically used, and when it might be appropriate to seek technical or legal advice. Where appropriate it will signpost to further expert services or resources currently available to help you on your way.
Not all SEP licensing negotiations may go as smoothly as planned and one party might find themselves in a disagreement with the other party about the reasonableness of the terms being proposed. These disagreements can be mitigated or even resolved by utilising existing dispute resolution services. Importantly, prior to taking a dispute to court, a number of services could be considered to settle the dispute in a more efficient and cost-effective way.
Sometimes alternative dispute resolution (ADR) services themselves do not resolve the issues in dispute and one or both parties may decide that the dispute must be resolved by a judge in court proceedings. Reasons for this may vary from case to case. In the SEPs context it will commonly result from the parties not being able to agree on a fair licensing rate.
There I are also additional resources that have not been included in the above guidance pieces, but which may be helpful to UK businesses trying to navigate the SEP ecosystem. It provides provides a table of relevant UK cases concerning SEPs, outlining various SEP issues dealt with by the UK courts and links to the full court judgement. Signposting for global SEP dispute cases is also included and there is also information on applying for a patent internationally and signposting to SEPs specific information provided by other jurisdictions or institutions
If you enjoyed this article, you will like the following ones: don't miss them by subscribing to :
