UK Government response to consultation on SEPs highlights what is and is not needed

In its Response to its consultation on Standard Essential Patents (SEPs) the UK Government has taken the overall approach of relying on existing frameworks rather than creating new and potentially overlapping mechanisms although with some significant proposals of which industry stakeholders should be aware and further plans for clarification in various areas. This has been swiftly followed by a call for evidence on the feasibility of an IPO-led FRAND opinion service.

What will not change?:

• No new Rate Determination Track will be introduced in the Intellectual Property Enterprise Court (IPEC);
• No legislative change is required regarding the availability of injunctions in SEP disputes;
• No new standalone ADR service or expansion to the mediation offer at the Intellectual Property Office (IPO) is needed; and
• No IPO-run essentiality checking service is required at this stage.

What is proposed? Proposals include:

• Rightsholders will be encouraged to disclose standard-related patent information at the UKIPO (though the response does not expand on precisely what this will entail). This will be separate to the declarations made to the standard development organisations (SDOs) and is intended to take place later in the process, when standards are more final. However, it will be voluntary rather than mandatory. 
• An early neutral evaluation process will be introduced for fair, reasonable and non-discriminatory (FRAND) licensing disputes. The intention is to reduce the costs and complexity of FRAND litigation, although the extent to which this will be taken up by parties remains to be seen.
• The UKIPO will explore the feasibility of introducing a voluntary FRAND opinion to give parties an early view on whether an SEP offer falls within a FRAND range.
• The Government is exploring ways to encourage pre-action information exchange in SEP disputes, including a potential FRAND-specific pre-action protocol.

In the interim, the Government will look to provide further clarification in various areas, including:

• Publishing new FRAND licensing guidelines;
• Developing guidance on negotiation best practice;
• Improving signposting to existing ADR services; and
• Expanding on non-regulatory support.

The Response was published on 13 October 2026. On 20 October, the Government published an Open Call for Evidence on the Feasibility of an IPO-led FRAND Opinion Service, which seeks views and evidence on how such a service could help businesses during licensing negotiations to independently assess whether a proposed SEP licence offer falls within a plausible FRAND range. The deadline for response is 15 December 2026. You can read our previous blog post on the consultation here.

Further details of the Government’s decisions are set out below. 

No new Rate Determination Track within IPEC

No new Rate Determination Track will be introduced for FRAND cases in the IPEC.

Nonetheless, there is a proposal to potentially introduce a structured early neutral evaluation process for FRAND disputes within existing England and Wales court proceedings. A judge would give the parties early indication on FRAND terms, thereby encouraging settlement and reducing reliance on completing court litigation.

The UKIPO will consult with stakeholders to establish the feasibility of introducing a voluntary, non-binding “FRAND opinion” service to give parties an early view on whether a proposed SEP licence offer falls within a FRAND range. The response noted that legislation may be necessary to underpin the service.

A new set of FRAND licensing guidelines will set out how parties should engage with this new package of measures.

New voluntary disclosure of standard-related patent information at the IPO

The Government is also considering introducing a measure for voluntary disclosure of standard-related patent information at the IPO. This will apply at a later stage after declarations are made to SDOs when standards are more likely to be finalised. It aims to create a central source of SEP data for rightsholders to register information about patents that are essential to standards through the new IPO service.

Encouraging pre-action information exchange in SEP disputes

The IPO and relevant government departments are examining methods to encourage more effective pre-action information exchange in SEP disputes within the existing civil procedure framework. There is no clear conclusion on whether a new SEPs-specific pre-action protocol is needed, but this will be considered alongside FRAND licensing guidelines to align with the wider package.

No change to injunction legal framework

The response suggests that no legislative change is required in relation to the availability of injunctions in SEP disputes. Nonetheless, the Government will look to develop guidance on negotiation best practice to address concerns raised regarding “bad faith” negotiation behaviours where they exist.

No new standalone ADR service and no expansion of the IPO’s mediation offer

No new standalone ADR services or expansion to IPO’s mediation service specifically for SEPs will be introduced at this stage. While there are mediation and arbitration services currently available, the consultation indicated that there are concerns about their effectiveness, including limited predictability, insufficient technical confidence in how outcomes are reached and a lack of decisiveness where parties’ positions are entrenched. The Government will look to provide clearer practical guidance and improving signposting to existing ADR services, to encourage greater uptake of ADR, rather than creating new and potentially overlapping services. This may, for example, include expanding the SEP Resource Hub with information on ADR.

No IPO-led essentiality checking service

The Government concludes that no new IPO-run essentiality checking service is required at this time, but it will look to improve transparency, encourage better-quality information, and support more informed use of existing services.

Continued international engagement and non-regulatory support

The IPO will continue to build on its existing non-regulatory measures and engage with international stakeholders through the Intergovernmental SEP Network.

If you have questions about the consultation, or SEP/FRAND issues more broadly, our team is happy to assist. Please feel free to contact the authors to discuss.