Context: On October 13, 2026, the UK government published its response to the consultation on standard-essential patents (SEPs) (October 13, 2026 ip fray article), outlining its approach to improving SEP licensing and dispute resolution. While it decided not to pursue a standalone fair, reasonable, and non-discriminatory (FRAND) Rate Determination Track within the Intellectual Property Enterprise Court (IPEC), it announced plans to explore the feasibility of an IPO-led FRAND Opinion Service as an alternative means of supporting licensing negotiations.
What’s new: The UK Intellectual Property Office (IPO) has today launched a call for evidence on the feasibility and design of a voluntary, non-binding FRAND Opinion Service. The proposed service would provide independent assessments of whether SEP licensing offers fall within a plausible FRAND range. Stakeholders are invited to comment on its potential demand, scope, accessibility, fees, evidentiary requirements and confidentiality arrangements by December 15, 2026.
Direct impact: If introduced, the service could give SEP holders and implementers an independent reference point for assessing licensing offers, helping them narrow disagreements and reach agreements earlier. It could particularly benefit SMEs and market participants with less experience by reducing uncertainty and potentially limiting the costly dispute-resolution proceedings.
Wider ramifications: The proposed service could add another layer to the UK’s SEP dispute resolution landscape, providing a non-binding assessment mechanism. However, it’s long-term significance would depend on whether such opinions gain credibility and acceptance among licensing parties to influence negotiations.
Proposed FRAND Opinion Service: scope and operation
The proposed IPO-led FRAND Opinion Service follows the government’s decision not to pursue a standalone Rate Determination Track within the IPEC, after consultation responses failed to support it as a workable mechanism. However, respondents broadly supported quicker, more affordable and predictable ways to assess FRAND licensing positions, particularly for SMEs and less experienced SEP market participants.
The proposed service would provide voluntary, independent and non-binding written opinions on whether a SEP licensing offer or position falls within a plausible FRAND range, based on economic, valuation and licensing evidence. The IPO emphasizes that a plausible FRAND range would reflect outcomes reasonably supported by available evidence, rather than establishing a separate legal test.
The service would not determine patent essentiality, validity, infringement or liability, nor would it impose license terms or award damages. Instead, its opinions would help parties evaluate their positions, narrow disagreements and potentially reach agreements before resorting to formal dispute resolution.
The proposed mechanism would neither replace existing dispute-resolution procedures nor prevent parties from pursuing litigation, arbitration or mediation. It could also remain accessible while such proceedings are underway, operating alongside established mechanisms rather than as a mandatory preliminary step.
Implementation questions and next steps
The call for evidence seeks stakeholder input on eligibility, participation requirements, and access conditions, including whether either party to an ongoing SEP licensing negotiation should be able to request an opinion independently, whether joint participation should be required, and whether certain negotiation steps must first be completed. Other questions concern fee structures, evidentiary requirements, and the expertise needed to produce credible assessments.
The IPO is also seeking views on the availability of comparable licensing data, confidentiality safeguards and publication options, ranging from confidential opinions to redacted or anonymized public versions. After the call for evidence closes on December 15, 2026, the IPO will assess whether to proceed with the service or modify the proposal.