First Look At The EU's Draft Regulations On SEP Licensing

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). Commentators predict the draft will be released in late April. McDermott has had the opportunity to review the regulations and, although this is an early draft that will likely evolve, we offer the following initial observations.

DETAILS OF THE DRAFT REGULATIONS

In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures. In particular, the regulations would establish a "competence center" at the European Union Intellectual Property Office (EUIPO) to act as a sort of clearinghouse for SEP issues (both technical and economic). The EUIPO does not currently have patent expertise; EP patents are currently the purview of the European Patent Office (EPO), which is separate from the European Union and includes non-EU members.