The European Commission announced on February 11th, 2025 in its working program that it intends to withdraw its proposal for Regulation on standard essential patents (SEP Regulation) due to “No foreseeable agreement”. The European Commission added that it will assess whether another proposal should be tabled or another type of approach should be chosen (c.f. page 25, no. 17 of the working program). On February 28th, 2024, the draft was passed by the European Parliament.
The proposed SEP regulation aimed to facilitate SEPs licensing by increasing transparency about SEPs. The proposal contained
However, some elements of the SEP regulation were considered controversial.
It was expected that the SEP Regulation changed the Europe’s framework for Standard Essential Patents significant.
If the European Commission indeed implements the change in its working program, it remains open if another draft of a SEP regulation or an alternative will be proposed in a timely manner.
