Context: Earlier this year, the European Commission (EC) announced that it would withdraw its proposal for a regulation on standard-essential patents (SEP) (February 11, 2025 ip fray article). There were calls for reconsideration (June 19, 2025 ip fray article), and the EC formally had six months from the announcement to formalize it.
What’s new: The EC has confirmed the withdrawal to reporters (July 31, 2025 Euronews article). The Brussels-based IP Europe group of companies and Nokia have just issued statements applauding the EC.
Direct impact: Those who supported the proposal will find it difficult to get traction for any similar initiative, given that the EU tries to exercise more self-restraint now with respect to regulatory measures.
Wider ramifications: Lobbying efforts seeking to complicate SEP holders’ access to injunctive relief are underway in multiple countries (July 23, 2025 ip fray article). In the UK, a formal proposal comparable to the one that was dropped in the EU may indeed come forward (July 15, 2025 ip fray article), though a consultation could still change the UK government’s position. Should the UK create a special FRAND (fair, reasonable and non-discriminatory licensing) rate-setting mechanism, SEP holders may receive remedies comparable to anti-antisuit injunctions (AASIs) from the Munich I Regional Court (July 18, 2025 ip fray article).
Here’s IP Europe’s statement:
IP Europe welcomes media reports of the Commission’s withdrawal of the proposed Regulation on Standard-Essential Patents.
We believe such a move is in line with the Commission’s renewed focus on simplification, competitiveness and innovation.
We support strengthening European competitiveness by incentivising home-grown research and innovation that builds on the strong global IP and standardisation ecosystem.
And Nokia’s:
Nokia welcomes reports of the European Commission’s decision to withdraw its proposed Regulation on Standard Essential Patents. Open standards, such as 5G, and the licensing of SEPs, are a key enabler of innovation and economic growth. Withdrawal supports the goal of a simpler and faster Europe and it is consistent with the Commission’s commitment to foster an innovation-friendly regulatory environment in the EU and to improve Europe’s competitiveness and resilience. The Commission has recognized repeatedly the critical importance of systematic engagement in global standards for the EU’s strategic interests. Innovators and independent experts had expressed concerns about the impact of the proposed regulation on the innovation ecosystem. The Commission should be commended for listening to and acting on this feedback.
The proposed regulation would have adversely affected SEP holders, but it might never have been nearly as helpful to implementers as some apparently hoped. It is not a given that the rates set by EUIPO-appointed “conciliators” would have been low. And SEP holders could have adjusted in many ways.
We did not report on every call to revisit the announced withdrawal because there never were signs of major political momentum. Even a group of EU member states that did not necessarily have the same ideas as to what the next step should be (just that they were against the withdrawal) fell far short of the dual qualified majority that it takes to adopt legislative proposals in the EU Council.