The European Commission withdraws the Proposal for a Regulation on Standard Essential Patents (SEPs) and FRAND Licenses

European Union - 02 / 12 / 2025

The objective of this proposal was to facilitate the licensing of SEPs under fair, reasonable and non-discriminatory conditions. One of the key initiatives was the establishment of a mandatory conciliation procedure at the EUIPO, based in Alicante.

On Tuesday, February 11^th of 2025, the European Commission published the Work programme 2025, "Moving forward together: A Bolder, Simpler, Faster Union". This document outlines the strategies, action plans, and legislative initiatives that will shape the EU’s work in the next months.

One of the key takeaways from this document is the withdrawal of nearly 40 proposals for regulation listed in its Annex, including the Proposal for a Regulation on Standard Essential Patents (SEP) (Annex IV No. 17), withdrawn due to no foreseeable agreement. This proposal generated intense debate from the very start among interest groups with a stake in the issue, given the magnitude of its economic impact.

The Proposal for a Regulation on SEP, adopted by the European Parliament on February 28^th, 2024 (discussed here and here), aimed to facilitate the licensing of SEP on fair, reasonable and non-discriminatory terms (FRAND). One of its main initiatives was the creation of a mandatory conciliation procedure before the European Union Intellectual Property Office (EUIPO), based in Alicante. This procedure sought to speed up and reduce the costs of disputes between SEP holders and implementing companies, temporarily suspending the possibility of injunctions by SEP holders during the conciliation process.

This withdrawal follows the departure of Thierry Breton, one of the proposal’s main promoters, and took place while Poland holds the presidency of the EU Council. The decision has undoubtedly been influenced by the ongoing discussions and controversies surrounding the proposal since the beginning of its legislative process.