Industrial Property Office

Communication from the Commission to the European Parlament, the Council and the European Economic and Social Setting out the EU approach to Standard Essential Patents


On 29 November 2017 the Commission adopted, as part of the IP package on enforcement, the Communication, 'Setting out the EU approach to Standard Essential Patents'. It provides for a clearer framework to incentivise the development of, and ease the access to key technologies that enable interconnection and connectivity. The Communication covers 3 key aspects of standard-essential patents. It

  • contributes to a more transparent environment for negotiations between SEP holders and potential licensees,
  • proposes common valuation principles for SEPs technology
  • and
  • suggests ideas for a balanced and predictable enforcement régime.

Stakeholders will have better legal certainty for the development and licensing of technologies required for the hyper-connected society.

The Communication