Consultation on SEPs and Innovation: The Responses

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On 19 Dec 2021, I announced the Intellectual Property Office's consultation on standard essential patents and innovation.  The consultation closed on 1 March 2022 and a Summary of Responses to the Call for Views has been published.  

The summary covers the following topics:

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

A list of respondents appears on page 88 of the summary. They include academics. businesses, law firms. patent attorneys and interest groups.  Contributions came from within the UK and beyond. The IPO seems to have received a wide range of views, some of which diverged widely.

In view of the breadth of issues and the divergence of the views on the need for government intervention, the IPO will require a further period of assessment.  The IPO does not expect to report to the government before 2023 and as the government will want to carry out further consultations there is unlikely to be legislation before the general election,

I shall be speaking on SEPs. Licensing and FRAND ar Informa's IP Law Summer School at Downing College on Tuesday 16 Aug 2022.  I shall discuss some of the important cases and other developments that have taken place since December when I last gave that talk.

Anyone who wants to discuss this article may call me during office hours on 020 7404 5252b or send me a message through my contact page.

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