The European Commission has officially withdrawn its controversial regulation on standard essential patents (SEPs), citing a lack of consensus as the primary reason.

The proposal, which aimed to enhance transparency and establish processes for SEP registration and royalty determinations, was initially adopted by the European Parliament in February 2024. However, it faced strong opposition from SEP holders who argued it would increase costs and administrative burdens, ultimately harming innovation.

Concerns were raised about the regulation’s feasibility, particularly regarding the challenges of evaluating patents without detailed evidence. Kathi Vidal, former Director of the US Patent and Trademark Office, noted that the regulation could exacerbate tensions between licensors and licensees. Judge Rian Kalden also criticized the proposal for lacking justification, questioning the necessity of such measures if no significant problems existed.

The withdrawal of the SEP regulation marks a pivotal moment for the European Commission as it reevaluates its approach to SEP licensing, with potential ramifications for the future of innovation and intellectual property rights within the European Union.

If you have any questions about SEP, feel free to contact Hanane Fathi Roswall.

Read more here: https://commission.europa.eu/publications/2025-commission-work-programme-and-annexes_en