Standard Essential Patents and Innovation: Call for views

The Government published a Call for Views on Standard Essential Patents (SEPs) and Innovation in December last year. The purpose of the call for views was to gather evidence on whether the ecosystem around SEPs is functioning efficiently and effectively and strikes the right balance for all entities involved. The purpose is to help assess whether government intervention is required. This publication summarises the responses to each question thematically. Some respondents chose to group their responses to different questions in one place. Where helpful we have sometimes grouped our summary of responses to reflect this and to avoid duplication. Additionally, the publication also includes an Executive Summary and next steps on what work the government will undertake in the latter half of this year and early next year.

The Summary of Responses covers six themes:

1. The balance of the ecosystem and benefits to innovation and consumers
2. Competition and market functioning
3. Transparency
4. Patent infringement and remedies
5. Licensing of SEPs
6. SEP litigation

The responses provided valuable evidence and data and various issues were raised. Given the breadth of issues raised and the divergence of the views on whether there is a case for government intervention, the IPO has decided that it will require a further period to assess the issues and, as appropriate, consider the merits of the proposals submitted.  This publication does not propose any changes or reforms to the SEPs framework and the views are not of the government but those of respondents.