EU politicians back SEP plan but roadblocks remain

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU politicians back SEP plan but roadblocks remain

The European Parliament building in Brussels

A key European Parliament committee backed the plan with 13 out of 23 votes

The European Parliament’s legal affairs committee has backed the European Commission’s plan to overhaul the EU’s framework for standard-essential patents.

The Committee on Legal Affairs, known as JURI, adopted its position with 13 votes in favour and 10 abstentions.

Under the rules, the EUIPO would operate a public register of SEPs, test their essentiality, and determine fair, reasonable, and non-discriminatory (FRAND) royalties for implementers to pay patent owners.

SEP owners would also be barred from enforcing their patents in court while the EUIPO-led process, mooted to take nine months, was ongoing.

German Member of the European Parliament (MEP) Marion Walsmann, JURI’s rapporteur for the bill, said the rules would “bring much-needed transparency to an opaque system, make negotiations fairer and more efficient, and strengthen European technological sovereignty”.

“SEP holders will also benefit from an increased number of licences, faster agreements, more predictable returns, and a reduced risk of litigation,” Walsmann added.

SEP owners, however, have fiercely opposed the plans and warned it would disincentivise investment in R&D.

Patent owner lobby group IP Europe has urged EU lawmakers in recent weeks to “rethink this while we still can”.

“Some decisions cannot easily be undone. If the European Parliament follows the commission's flawed reasoning on SEPs, European inventors that invest in global standards development would be out of the game,” a post on the group’s LinkedIn account said today.

The regulation has received a warmer reception from implementers and net licensees, who say it will help mitigate patent owner holdup.

Evelina Kurgonaite, secretary general of the Fair Standards Alliance, told Managing IP that today’s vote marked “one step closer to important changes in the currently highly unbalanced and untransparent SEP licensing system in Europe”.

“It is clear the current status quo is not working in favour of European competitiveness, as data shows that over one billion euros flowed from licensees in France and Germany into the hands of foreign holders of SEPs in 2022.

“Innovative European industry is a net licensee of standardised connectivity technologies,” Kurgonaite said.

The proposed regulation remains a long way from entering law.

The full parliament must approve the text before talks with the Council of the EU and the commission can proceed.

Several member states on the council have signalled their disapproval, while the current commission’s term will end after the European elections in June.

It remains to be seen whether the next commission will push ahead with the SEP Regulation.

Ursula von der Leyen has not yet confirmed whether she will seek a second term as president of the commission.

more from across site and SHARED ros bottom lb

More from across our site

While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Gift this article