A new agreement has been signed on 3 June 2024 to provide harmonisation of policies relating to Standard Essential Patents (SEPs) between the UKIPO and USPTO.
What are SEPs?
A ’standard‘, also known as a technical interoperability standard, is the agreed way to ensure that different technologies can interact and work together. For example, data exchange when web browsing uses hypertext transfer protocol (HTTP).
Manufacturers are required to make their products so that they meet the current accepted technical standards. When such an accepted standard requires the use of specific technologies that have been protected in a patent, that patent is known as a Standard Essential Patent (SEP).
Thus, SEPs are patents that have been declared as essential to be able to implement a standard.
Licensing of SEPs is essential to allow manufacturers to continue to produce products where a standard applies. Thus, the owner of a SEP is generally expected to license it on fair, reasonable and non-discriminatory (FRAND) terms.
Why is collaboration between the US and UK important?
This policy will drive the UKIPO and USPTO towards a fair and balanced international standard, which is essential to the patent ecosystem.
For the next five years, the UKIPO and USPTO will work in partnership towards shared ambitions. One is to educate small/medium-sized enterprises who are seeking to implement or contribute to the development of standards. Another is to examine ways of improving transparency in the FRAND licensing of technical interoperability standards. Further, this may provide an opportunity for more jurisdictions to join. An overview of the agreement can be found here.
What does this mean for our clients?
Having streamlined policies will benefit businesses over both countries including small and medium-sized enterprises and new market entrants. This could mean that the rights of SEP holders in the US and UK can harmonise and simplify their licence agreements.
It also seems likely that more jurisdictions will join the activities between the UKIPO and USPTO, making this agreement a starting point for a potential international policy.
