The European Commission has presented a proposal for new regulations on Standard Essential Patents (SEP), compulsory granting of patents in crisis situations, and revised legislation on protective certificates with the aim of creating an intellectual property rights framework to help companies in making the most of their inventions and new technologies in a more effective and transparent way. This also contributes to the European Union's competitiveness and technological sovereignty.
The proposal will complement the Unitary Patent system, which will be operational from June 1, 2023.
The proposed framework aims to create a balanced system, ensuring that both EU SEP holders and implementers innovate in the European Union and that end users benefit from the latest product standards at fair and reasonable prices. In addition, the draft SEP Regulation proposes the creation of a "center of expertise" at EUIPO that would manage the databases, SEP registry, and procedures for SEP essentiality check and FRAND determination, as well as provide training, support, and general advice on SEPs to SMEs.