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27 April 2023PatentsMuireann Bolger

European Commission reveals draft SEP rules

Plans show significant changes to the previous draft, leaked earlier this month | Introduction of an SEP register, database and essentiality checks | Updates to SPCs and compulsory licensing.

The European Commission has published an amended proposal for new rules concerning standard-essential patents (SEPs), following the leak of a draft version of the much-debated framework that drew strong criticism.

The proposals were due to be published on April 26 (World IP Day) but were delayed by a day.

The Commission’s aim is to introduce a royalty process for SEPs and to facilitate fair, reasonable, and non-discriminatory (FRAND) determinations.

Margrethe Vestager, executive vice-president for a Europe Fit for the Digital Age, said: “Today, we propose fair rules to the benefit of patents holders and users, and give good IP tools to SMEs.

“We are enabling the European creative and innovative industry to remain a global leader and at speeding up Europe's green and digital transitions. Because balanced, transparent and unified rules on patents will better protect companies to excel in the single market and beyond.”

Also commenting, Thierry Breton, commissioner for the internal market, said: “IP stands for Europe's Industrial Power. With patented technologies, Europe's industries are at the forefront of innovation, from automotive to IoT.

“Today, we are modernising our framework for SEPs making it more transparent, SME-friendly and ready for the economy of tomorrow.”

‘Significant changes’ to leaked version

The proposal includes the introduction of an SEP register, database and essentiality checks; expert opinions on SEP aggregate royalty; FRAND determination by means of conciliation in lieu of “costly litigation”; SME support measures; and the establishment of a ‘competence centre' at the EUIPO.

It also includes:

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