Briefing Note: UKIPO SEP Consultation

1. Overview and Strategic Context

The UKIPO's 2025 consultation on Standard Essential Patents (SEPs), announced on 15 July 2025, signals a potential policy shift in how the UK approaches SEP licensing and dispute resolution. The proposals seek to position the UK as a procedurally distinct and implementer-friendly jurisdiction – particularly at a time when enforcement dynamics across Europe and Asia are shifting.

The UK plays a significant global role in FRAND jurisprudence having helped define key principles on jurisdiction, global licensing and the expected conduct of SEP holders and implementers. The UK hosts many SEP implementers, including major device manufacturers, chipset designers, and software platforms but has relatively few SEP holders. UK courts have consistently supported global licensing frameworks – notably in Unwired Planet v Huawei and InterDigital v Lenovo – and remain among the few to assert jurisdiction to set global FRAND rates. This stands