Context: Within the UK government, the UK Intellectual Property Office (IPO) is at the forefront of patent policy-making (June 7, 2024 ip fray article). Its approach to standard-essential patents (SEPs) has been more thoughtful than that of the European Commission’s Directorate-General for the Internal Market (DG GROW), which together with certain Members of the European Parliament wanted to legislate sooner rather than later. By contrast, the UKIPO wanted to take its time to evaluate different policy options (which DG GROW didn’t really do, at least not with an open mind) and made it clear from the beginning that a highly complex system such as SEP licensing and enforcement is not amenable to aggressive interventionism.
What’s new: Today the UKIPO launched its SEPs Resource Hub. It’s a new section of the UK government’s website, and it has multiple parts: Introduction, Technical Standards and SDOs, SEP Licensing, Dispute resolution and remedies in SEP licensing, and Additional resources (Glossary of terms, UK SEPs Case Law, International Signposting). It’s not that the content is new, but there hasn’t previously been a collection of SEP-related information like this one, a fact that the UKIPO touts in today’s press release.
Direct impact: By making this online resource available, the UK government has not closed the door to legislation, but it appears that legislation is more or less a last resort and, if any legislative initiative was to be taken, it would be limited in scope. The announcement indicates that small and medium-sized enterprises (SMEs) are one of the most important audiences for the SEPs Resource Hub, if not the single most important one.
Wider ramifications: Beyond this particular field of policy making, it’s remarkable that the new UK government is already coming out swinging (though this online resource has obviously been in the making for some time). The country’s new Minister for IP, Feryal Clark MP, is already quoted in today’s press release: “This will help UK businesses to navigate the complex Standard Essential Patent ecosystem and bolster business confidence as they develop cutting-edge technologies across the NHS, transport, telecommunications and other key sectors. We are ushering in a new era of sustained economic growth, which is why it is so vital to support UK innovators by improving the digital resources we offer, boosting efficiency and productivity for businesses across the country.”
In addition to the minister, the press release quotes UKIPO CEO Adam Williams and the President of the Chartered Institute of Patent Attorneys, Matt Dixon:
“Standard Essential Patents are of growing importance to the UK economy. They are at the core of the technologies of tomorrow, and the pioneering industries of today. The new UK SEPs Resource Hub aims to help our innovative, IP rich businesses – both large and small – navigate this often-complex environment. This will help ensure our IP framework serves as an enabler for their ideas and discoveries to flourish, supporting the government’s mission to grow our economy.”
Adam Williams, Chief Executive Officer of the UK Intellectual Property Office
“Standard Essential Patents are an important part of the intellectual property landscape in many industries, so the launch of the SEP Hub will provide further support to businesses, which CIPA fully supports. It is great to see the UKIPO leading the world in providing such support. SEPs are one way in which patents can be used to give a fair reward to innovators while enabling the effective development of interoperable technologies. Supporting the understanding of SEPs helps business owners make better decisions around their use of protected technology. This is a great initiative and we’re pleased to support it.”
Matt Dixen, President of the Chartered Institute of [UK] Patent Attorneys
The press release notes that the content is not static. It will (have to) evolve. One update that would make a lot of sense in the near term is to add the landmark decision by the England & Wales Court of Appeal in InterDigital v. Lenovo (July 14, 2024 ip fray article) to the case law section. The case is on the list, but only with respect to two decisions by the England & Wales High Court. It is a very new decision, but such updates will be necessary to ensure that the SEPs Resource Hub lives up to its goal of serving as a “one-stop shop.”
Today’s launch of the SEPs Resource Hub is not the last non-legislative measure to be taken by the UK government with respect to SEPs, an area in which challenges are acknowledged. Today’s press release notes that there are challenges, and the SEPs Resource Hub “forms part of a suite of non-regulatory measures by the IPO to begin to address some of these challenges.”