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

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article