Standard essential patents
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With the Council of the EU, which is preparing its first-reading position.
Last active 22 May 2025
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What this bill does
In plain terms: what it changes and who it affects.
This proposal creates an EU system to make standard-essential patent licensing more transparent and easier to resolve without litigation.
Who it affects
It affects holders of standard-essential patents and businesses using technical standards in connected products and services, especially IoT companies and SMEs.
Core of the proposal
- Creates an EUIPO competence centre, SEP register and database with licensing and ownership information.
- Requires SEP registration; unregistered SEPs cannot be enforced or earn royalties during non-registration.
- Introduces independent essentiality checks on sampled registered SEPs and requested patents.
- Requires FRAND determination before most EU court actions over SEP licensing terms.
Key provisions
- Takes effect
- It enters into force 20 days after Official Journal publication and applies 24 months after entry into force.
- Transitional law
- It mainly applies to later standards, but the Commission may designate earlier standards for registration where licensing inefficiencies distort the internal market.
Articles changed · 3 across 1 law
- Regulation (EU) 2017/1001
- art. 151(1): inserts point (ba) and replaces paragraph 3
- art. 157(4): adds point (p)
- art. 170: replaces title and paragraphs 1, 2 and 15; adds paragraph 16
Latest update
09 Jun 2026The most recent development in this bill's progress.
1st reading – European Parliament → 1st reading – Council of the EU
1st reading – European Parliament → 1st reading – Council of the EU
Documents
1 recentSourcesOEILEUR-LexEU Law Tracker