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

New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Cindy Goh discusses why she launched Cheang & Ariff's IP department, the improving litigation environment in Malaysia and what to consider when using AI
Increased focus on adding patent litigation depth to the firm’s Dallas office was behind the boutique’s most recent hires
IPH's Canadian acquisitions are paying off on paper, but a couple of strong years may not be enough to show that the group's strategy has truly won over the market
Examiner statistics could help patent prosecution practitioners tailor strategies, turning an area of high variability into a potential competitive advantage
The England and Wales High Court’s ruling in Accord v Novartis may not rewrite the law on plausibility, but it does signal a pragmatic approach that could provide greater certainty for life sciences innovators
Firms with established sports relationships and specialised expertise are well positioned to capture the market’s expanded pool of IP work
Gunjan Paharia discusses developing RIA, an AI platform built to draw on decades of institutional knowledge, support junior lawyers, and reshape how legal teams work
Gift this article