UK Rejects FRAND Rate-Setting Track, Opts for Targeted SEP Measures

Judge gavel on a desk

Photo: VBlock / Pixabay

On 13 October 2026, the UK government published its response to the 2025 consultation on standard essential patents (SEPs). According to the Intellectual Property Office, it will not introduce a standalone Rate Determination Track in the Intellectual Property Enterprise Court, nor an IPO-run essentiality checking service, at this stage.

The government will instead work with the judiciary on a court-anchored early FRAND determination process, develop FRAND licensing guidelines, and run a call for evidence on a voluntary, non-binding IPO FRAND opinion service. It also plans a voluntary route for rightsholders to provide standard-related patent information at the IPO, plus guidance on pre-litigation conduct. The government said the evidence did not justify limiting injunctions in SEP disputes.

ip fray describes the approach as a preference for targeted improvements over broader regulation. Companies licensing 4G/5G, Wi-Fi or video codecs into the UK should watch the upcoming call for evidence.

Sources

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