Breaking: European Parliament backs SEP reform

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Breaking: European Parliament backs SEP reform

European Union flag against European Parliament

The European Parliament has voted in favour of overhauling the SEP framework, a proposal that has sparked deep division among patent owners and implementers

The European Parliament today, February 28, voted in favour of the European Commission’s plan to overhaul the framework for standard-essential patents.

Under the rules, the EUIPO, which is responsible for EU trademarks and designs, would operate a public register of SEPs, test their essentiality, and determine fair, reasonable, and non-discriminatory royalties for implementers to pay patent owners.

SEP owners would be barred from enforcing their patents in court while the EUIPO-led process, mooted to take nine months, is ongoing.

The final vote was 454 in favour and 83 against, with 78 abstentions.

The proposals have caused deep divisions among SEP owners and implementers.

SEP owners believe that implementing companies, such as Lenovo and Apple, attempt to delay licensing negotiations while continuing to use the relevant SEPs. Implementers say they are charged unfair rates by SEP owners, who have benefitted from a lack of transparency by not having to make licensing terms public.

Concerns have also been raised about the role of the EUIPO, which currently has no experience of dealing with patents. However, in an interview with Managing IP, the EUIPO’s executive director João Negrão said the office could handle anything that comes its way. 

Talks will now proceed between the Council of the EU and the commission and there could yet be further roadblocks in place.

Several member states on the council have signalled their disapproval, while there is the added factor that there are European elections in June.

more from across site and SHARED ros bottom lb

More from across our site

Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Senior UK judges discussing the impact of AI on the judiciary, and the role of in-house IP lawyers during corporate transactions and carve-outs were among the top talking points
Tarun Khurana, founding partner of Khurana & Khurana, discusses juggling tasks, why every hour has a value, and the importance of ‘trusting the process’
Annual Meeting hears that IP firms are targeting hires with technical literacy in a fragmented landscape, and that those that build an online presence will distinguish themselves from the digital chaos
How law firms can secure themselves in a technology-driven IP landscape and how IP teams can develop future leadership were among the top talking points
Gift this article