Regulatory And Legislative Trends Impacting Standard Essential Patents (SEPs) In The United States And Europe
Co-authored by Natalie Raffoul, John Donch Jr, Peter Toto and Stéphane Tronchon and Dana Robert Colarulli
Standard Essential Patents (SEPs) are patents that cover technologies that are essential to the implementation of voluntary industry standards. And, already 2025 has been a significant year for SEP policy developments.
SEPs play a crucial role in promoting innovation and enabling development of technology in targeted sectors or platforms. They enable interoperability among different products and services competing in a market which can significantly advance consumer adoption and investment in innovative technologies that benefit the public in some way. The public-and investment in new technologies-benefit from this activity. However, the licensing and rate setting processes for SEPs, which are handled outside of the standard setting process, have been subject to significant scrutiny and debate. In addition to court decisions, regulatory and legislative proposals have shaped the landscape for patent owners and implementers of SEPs. This article will explore recent and predicted regulatory and legislative developments impacting SEPs in the United States, Europe, and globally, and how these policies affect both patent owners and implementers of SEPs.
Posted with permission from the March 2025 issue of les Nouvelles ©2025 Licensing Executives Society International (LESI) Further duplication without permission is prohibited. All rights reserved.
