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

Cookies Settings

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 Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
Gift this article