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Standard Essential Patents

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While there have been improvements since the current work on standard essential patents began in 2017, important challenges continue to exist. This results in uncertainties at a time EU companies are facing increasing competition at a global level. The initiative could combine legislative and non-legislative action. It will create an efficient and sustainable framework with continued participation in standardisation of innovators as well as access to standardised technology by companies.

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Public consultation

ID: 13109

Lobbying Activity

62 responses

Microsoft Backs EU Patent Reform to Cut Licensing Costs

Microsoft Corporation, 9 Aug 2023

Microsoft supports the proposed regulation and requests amendments to explicitly include wireless communication standards like Wi-Fi, 4G, and 5G within its scope.
This would reduce transaction costs and provide clarity on licensing standards critical to their business.
Patent holders lose flexibility in licensing negotiations and litigation leverage over technology companies.

Microsoft urges EU aggregate royalty system for standard patents

Microsoft Corporation, 9 May 2022

Microsoft requests a mechanism to determine aggregate royalty rates for all standard essential patents through consolidated proceedings. They argue this would provide transparency about total licensing costs and prevent excessive demands that disadvantage new market entrants.
This would let them know total licensing costs upfront and avoid paying inflated rates.
Patent holders lose ability to negotiate higher rates and must accept collective adjudication.

ACEA Urges Broader Scope for EU Standard Essential Patent Regulation

Association des Constructeurs Européens d'Automobiles, 19 Jul 2023

The regulation should apply to existing standards like WiFi and 5G multi-mode. Aggregate royalty determinations must be available on the implementers' sole initiative. The Commission should mandate licensing to all willing licensees across the value chain.
This reform would avoid excessive royalties and prevent production stoppages from injunction threats.
Overseas patent holders and patent trolls would lose their ability to extract inflated royalties.

ACEA urges end to selective SEP licensing practices

Association des Constructeurs Européens d'Automobiles, 9 May 2022

ACEA calls for mandatory licensing to all willing implementers regardless of supply chain position, reinstating Huawei framework protections, and preventing selective end-product-only licensing. They want upstream suppliers to receive licenses directly rather than forcing automotive manufacturers into negotiations.
This would let automotive suppliers negotiate licenses directly and avoid paying inflated royalties.
Patent holders lose leverage to extract higher royalties from vehicle manufacturers under injunction threat.

Apple urges reforms to EU standard essential patent regulation

Apple Inc., 10 Aug 2023

Apple requests mandatory pre-litigation FRAND determinations, aggregate royalty transparency, and essentiality checks. They want wireless standards included in scope, non-binding determinations with procedural safeguards, and valuation principles requiring rates reflect actual technology value compared to pre-standardization alternatives.
This would reduce Apple's billions in annual cellular royalty payments and litigation costs.
SEP holders lose leverage from injunction threats to extract above-FRAND royalties.

Consultation response

Apple Inc., 9 May 2022

Apple thanks the European Commission for the opportunity to submit additional evidence as part of this consultation. Please see the attached file for our submission.

Volkswagen Group urges expansion of EU patent licensing rules

Volkswagen Aktiengesellschaft, 18 Jul 2023

Volkswagen wants the new rules to cover existing Wi-Fi and 5G standards to fix current licensing problems. They request a mandatory negotiation process to prevent patent owners from going straight to court. The group also demands removing exemptions that would allow some technologies to avoid the regulation.
The regulation would safeguard the company against costly production halts caused by patent disputes.
Foreign patent holders would lose the leverage to demand excessive fees through fast-track injunctions.

Consultation response

Bayerische Motoren Werke Aktiengesellschaft, 8 Aug 2023

Please see attached.

VDA urges quick adoption of EU patent licensing regulation

Verband der Automobilindustrie, 3 Aug 2023

The VDA supports mandatory out-of-court settlements and the publication of global royalty rates. They call for deleting exemptions for specific standards to ensure regulatory consistency for all. They also demand easier access to expert opinions by removing restrictive participation thresholds.
This provides manufacturers with reliable cost calculations and protection from immediate patent lawsuits.
Patent holders lose their leverage to force agreements through the threat of immediate injunctions.

Orange warns EU against weakening standard essential patent protections

Orange, 9 May 2022

Orange argues that patent hold-out is a real and ever-growing issue for innovators. They advocate for maintaining voluntary arbitration and rejecting a one-size-fits-all regulatory approach.
Strong enforcement ensures Orange can recover costs for its large-scale research and development investments.
Wealthy technology companies would lose the ability to use standardized technologies without paying royalties.

Siemens AG claims new EU patent regulation is unnecessary

Siemens AG, 25 Jul 2023

Siemens asserts there is no need for this new EU Regulation. The rules should only apply upon a specific request.
This would prevent unnecessary administrative complexity and reduce rising compliance costs.
Consumers could face higher prices as stakeholders pass on increased regulatory costs.

Ericsson Warns EU Patent Rules Risk European Tech Leadership

Ericsson, 10 Aug 2023

Ericsson urges replacing this radical overhaul with a cautious, step-by-step approach. They argue the proposal lacks evidence and imposes burdensome, untested procedures on patent owners.
Stopping this regulation protects Ericsson's significant licensing revenues and global patent portfolio value.
Companies using the technology lose the projected cost savings and transparency benefits the regulation offers.

Ericsson urges EU to prioritize tackling patent hold-out behavior

Ericsson, 9 May 2022

Ericsson demands the EU address bad-faith "hold-out" behavior by technology implementers. They argue any new patent assessment system must remain strictly voluntary.
Faster licensing would protect Ericsson's research investments and ensure timely revenue collection.
Companies using standards without licenses would face higher costs and tougher enforcement.

Nokia warns EU patent rules threaten European tech sovereignty

Nokia, 10 Aug 2023

Nokia recommends a three-fold approach based on objective empirical evidence of market failure. They advocate for untested initiatives like essentiality checks to start on a small, voluntary trial scale.
Rejecting the regulation would preserve Nokia's licensing revenues and avoid significant new administrative costs.
Standard implementers would lose the transparency and potential royalty reductions the new framework intends to provide.

Nokia warns EU patent rules could undermine 5G leadership

Nokia, 9 May 2022

Nokia calls for a cautious approach targeting implementers who refuse to pay. They suggest voluntary patent checks and single point licensing in supply chains.
This approach secures Nokia's licensing revenue and prevents competitors from delaying technology payments.
Large technology implementers lose the ability to use regulatory delays to avoid paying royalties.

CLEPA backs EU plan for fairer patent licensing

European Association Automotive Suppliers, 9 Aug 2023

CLEPA requests a transparent system with aggregate royalty caps and mandatory conciliation before litigation. They argue any willing licensee in the supply chain must access fair terms.
This framework provides economic certainty and reduces costs by preventing immediate legal injunctions.
Patent holders lose the leverage of immediate injunctions and face capped royalties.

Automotive suppliers demand fair access to essential technology patents

European Association Automotive Suppliers, 9 May 2022

CLEPA wants patent licenses available to all supply chain levels. They also advocate for proportional injunctions to prevent unfair market exclusion.
This ensures predictable investment costs and protects suppliers from abusive fees.
Large patent holders might lose the ability to charge higher royalties.

Mercedes-Benz backs EU patent rules to curb mobile licensing abuse

Mercedes-Benz Group AG, 11 Jul 2023

Mercedes-Benz supports creating a central patent register and mandatory essentiality checks to fix information deficits. They demand that mobile standards remain included in the rules to prevent companies from bypassing requirements. The group also proposes that independent bodies determine fair rates before any legal injunctions are granted.
Greater transparency would allow for predictable price planning and better competitive conditions for manufacturers.
Major patent holders lose the leverage to use court-ordered injunctions to force high fees.

Qualcomm Slams EU Patent Proposal for Favoring Tech Implementers

QUALCOMM Incorporated, 10 Aug 2023

Qualcomm urges the rejection of the proposal, arguing it restricts patent-holder rights and lacks legal basis. They contend it encourages bad-faith delay tactics while ignoring the problem of patent infringement.
This would protect the company's multi-billion dollar annual licensing revenues from regulatory devaluation.
Tech manufacturers lose the proposed price transparency measures designed to lower their royalty costs.

Qualcomm Urges EU to Tackle Licensing Holdout Tactics

QUALCOMM Incorporated, 9 May 2022

Qualcomm requests that the EU address bad-faith delay tactics used by companies to avoid paying for patented technology. They argue that imposing new transparency obligations on patent holders would undermine the balance of the licensing ecosystem.
Maintaining the current system preserves Qualcomm's significant licensing revenue and avoids new administrative costs.
Technology implementers would lose potential savings from lower royalties and increased licensing transparency.

Stellantis backs EU patent rules to lower vehicle licensing costs

Stellantis, 28 Jul 2023

Stellantis requests including wireless communication standards and allowing technology users to trigger royalty rate reviews. They also want to stop patent owners from using court orders to bypass fair price negotiations.
Fairer prices and protection from production halts would safeguard automotive investments and strategic plans.
Patent owners lose the ability to use litigation threats to force acceptance of high fees.

InterDigital Warns Proposed Patent Rules Threaten European Innovation

InterDigital, Inc., 10 Aug 2023

InterDigital urges the Commission to remove aggregate royalty provisions and mandatory FRAND determination procedures, calling them unjustified price regulation. They also request the removal of punitive registration requirements that interfere with fundamental patent property rights.
This would prevent the devaluation of their patents and preserve vital licensing income.
European R&D companies and small businesses face reduced income and new licensing burdens.

InterDigital Urges EU to Target Implementer Hold-Out in Patents

InterDigital, Inc., 9 May 2022

InterDigital rejects new legislation on FRAND and essentiality checking systems. They argue for addressing hold-out by manufacturers who use technology without paying. They recommend using binding arbitration as the best alternative to resolve disputes.
Preventing regulatory intervention protects their core business model of licensing foundational R&D.
Large manufacturers would lose the financial advantage gained by intentionally delaying patent payments.

Consultation response

European Association of Research and Technology Organisations, 9 May 2022

EARTO (European Association of Research and Technology Organisations), founded in1999, represents more than 350 Research and Technology Organisations (RTOs) in more than 20 countries. EARTO members represents 150.000 of highly-skilled researchers and engineers managing a wide range of technology…

Consultation response

DIN Deutsches Institut für Normung e. V., 4 Apr 2022

The Joint Commercial Advisory Group often refers to the CWA 95000 standard (see attachment). This standard includes recommendations for standardization bodies. It seeks to (a) provide educational and contextual information regarding SEP licensing and the application of FRAND, (b) identify and…

ZVEI Urges Balanced Rules for Standard Essential Patent Licensing

ZVEI e.V. - Verband der Elektro- und Digitalindustrie, 10 Aug 2023

ZVEI requests a balanced framework that increases transparency and reduces transaction costs. They demand that EUIPO evaluations be fast, transparent, and sufficiently funded.
Improved transparency helps members reach faster licensing agreements and reduces transaction costs.
Patent holders lose revenue from disproportionate bans on back-payments for late registrations.

Consultation response

Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., 9 May 2022

Please find our contribution attached.

Continental backs EU plans to regulate standard essential patents

Continental AG, 9 Aug 2023

Continental wants a mandatory mediation process to decide fair prices before lawsuits occur. They also support a central registry to determine the total cost of technology standards.
Continental would face fewer lawsuits and have more certainty over technology costs.
Patent owners lose leverage to force agreements through immediate threats of sales bans.

Consultation response

Continental AG, 9 May 2022

Ladies and Gentlemen, Continental welcomes the opportunity to provide input for the Call for Evidence on Standard Essential Patents. Continental strongly supports the European Commission’s efforts to provide an intellectual property framework that “strike[s] a balance between promoting innovation…

IP Europe Warns Patent Regulation Threatens EU Technology Sovereignty

IP Europe, 10 Aug 2023

IP Europe requests the Commission rethink the proposal to avoid undermining incentives for innovation. They argue the regulation would cause licensing delays and unfairly restrict access to courts.
Avoiding this regulation would preserve their ability to secure fair compensation for research.
Manufacturers using standardized technology would lose the benefit of lower, regulated royalty payments.

IP Europe urges protection against bad faith patent hold-out

IP Europe, 9 May 2022

IP Europe wants measures to tackle bad faith hold-out behavior in patent license negotiations. They argue any regulatory changes must be evidence-based to avoid harming European research and development.
Stronger patent enforcement helps research-intensive members secure royalties to fund future technological innovation.
Large tech firms lose the ability to avoid paying for the technologies they use.

Fair Standards Alliance supports EU overhaul of patent licensing rules

Fair Standards Alliance, 10 Aug 2023

The alliance requests that pre-existing standards like Wi-Fi and 5G be explicitly listed as falling within the scope of the regulation. They seek a safe harbour to negotiate toward agreements free from the threat of injunction. Finally, they maintain the determination should be non-binding by design to ensure fairness.
This would allow members to avoid accepting licensing terms that are not fair and reasonable.
Large patent holders could no longer use the threat of market exclusion to extract excessive fees.

Fair Standards Alliance urges EU to curb abusive patent injunctions

Fair Standards Alliance, 9 May 2022

The organization requests a framework preventing the unjustified use of court-ordered bans in patent disputes. They demand licenses be available to all companies in a supply chain, regardless of their level. They argue injunctions should only be granted after a court determines if an offer is fair.
Manufacturers would avoid production shutdowns and the pressure to pay unfairly high royalty rates.
Large, non-European patent holders would lose their ability to act as gatekeepers of innovation.

CEN and CENELEC demand exemption from SEP regulation duties

European Committee for Standardization, 10 Aug 2023

They demand removal from duties related to the regulation’s execution. They refuse involvement in patent checks or setting license rates. They also request a distinction between recognized EU bodies and other organizations.
Exempting the organizations would prevent administrative duplication and maintain the authority of their existing databases.
International bodies would lose the chance to be treated as equals to official European organizations.

CEN and CENELEC resist mandatory checks for essential patents

European Committee for Standardization, 9 May 2022

CEN and CENELEC argue that assessing patent essentiality is only possible after a standard is finalized. They refuse to participate in licensing negotiations or mandate third-party patent checks.
This would reduce operational costs and protect the organizations from legal liability in patent disputes.
Companies using standards face increased uncertainty and litigation risks without early patent vetting.

Consultation response

Avanci, LLC, 10 Aug 2023

Please find enclosed Avanci's feedback on the European Commission's proposal for a regulation on standard essential patents (SEPs). Thank you for giving us the opportunity to comment and for taking the enclosed into consideration.

Internet Society urges transparency-focused model for standard patents

Internet Society, 22 Apr 2022

The organization recommends adopting a transparency-focused model based on current internet standards practices. They urge the Commission to distinguish between software-led and hardware-led standardization approaches.
This model ensures that internet technology remains accessible and easy to implement without costs.
Patent owners lose leverage as the proposed model favors royalty-free technology over protected inventions.

Czech Chamber of Commerce Urges Broader Patent Licensing Rules

Hospodářská komora České republiky, 10 Aug 2023

The Chamber wants the rules to cover existing standards like WiFi and 5G. They propose allowing technology users to initiate royalty reviews without patent owners. Licensing terms should be settled before any court proceedings can begin.
Manufacturers would avoid massive losses caused by production shutdowns and legal threats.
Foreign patent holders lose their leverage to extract excessive royalties through litigation.

Consultation response

PFA - Filière Automobile Mobilités, 28 Jul 2023

Merci de bien vouloir trouver nos commentaires dans le document joint. Please find our comments in the attached document.

Consultation response

Dolby Laboratories, Inc., 10 Aug 2023

Please find attached the comments of Dolby Laboratories, Inc.

Consultation response

Dolby Laboratories, Inc., 9 May 2022

Please find attached the Comments of Dolby Laboratories, Inc. Concerning EC Call for Evidence on a new Framework for Standard-Essential Patents.

Free Software Foundation Europe urges transparency for standard patents

Free Software Foundation Europe e.V., 10 Aug 2023

FSFE supports a public register to increase transparency for software developers. They also propose a multi-year waiting period for royalties on late-registered patents.
Transparency and delayed royalty fees would help remove barriers to software adoption.
Patent holders would lose immediate licensing income from patents registered later in the process.

JAMA Urges EU to Include 5G in New Patent Rules

Japan Automobile Manufacturers Association, Inc. European Office, 10 Aug 2023

JAMA requests expanding the regulation to include existing 5G standards and all patent holders regardless of membership. They also want to prevent patent owners from suing while licensing negotiations are actively underway.
This would reduce legal uncertainty and prevent unfair royalty demands for vehicle manufacturers.
Patent assertion entities would lose the ability to exploit loopholes and avoid essentiality checks.

JAMA Urges EU to Reform Standard Essential Patent Licensing

Japan Automobile Manufacturers Association, Inc. European Office, 29 Apr 2022

JAMA calls for increased transparency through independent essentiality assessments and clear EU guidance on licensing negotiations. They specifically advocate for licensing at the component level rather than the finished vehicle level to address the current power imbalance and prevent unfair injunctions.
This framework would lower licensing costs by preventing patent holders from overcharging based on the car's total value.
Technology patent holders would lose revenue by being unable to target high-value end-products for inflated royalties.

Consultation response

OpenForum Europe AISBL, 23 Apr 2022

Dear Madam or Sir, Attached is the statement from OpenForum Europe (OFE) aisbl. Should you wish to discuss our position and its implications, we would welcome the opportunity to meet with you or to answer questions by email. All the best, Astor Nummelin Carlberg Executive Director, OFE

Smart energy association backs transparent EU patent licensing rules

European Smart Energy Solution Providers, 25 Jul 2023

ESMIG urges the swift adoption of rules requiring licensing at all supply chain levels. They also want 5G standards included to prevent royalty stacking from hindering innovation.
This framework would lower transaction costs and remove uncertainties for smart meter manufacturers.
Patent holders will lose their ability to charge inflated royalties based on end products.

Consultation response

European Committee for Interoperable Systems, 9 May 2022

The European Committee for Interoperable Systems ("ECIS") is an international, non-profit association of information technology companies founded in 1989 which endeavours to promote a favourable environment for interoperable ICT solutions. For three decades ECIS has actively represented its members…

Consultation response

Canon Europe Ltd., 9 Aug 2023

Canon welcomes this opportunity to share its thinking on the EU SEP Regulation proposal. In summary, Canon admires the European Commission for its ambition to develop an ecosystem to increase transparency and predictability in SEP licensing. However, interventions in the market such as the present…

Consultation response

4iP Council EU AISBL, 10 Aug 2023

4iP Council is a not-for-profit research council comprised of a broad variety of supporters and ecosystem partners with research and development activities in Europe. Since our inception in 2013, we have been dedicated to developing high quality academic insights and robust empirical evidence on…

Consultation response

AQUA - Association Européenne des Fabricants de Compteurs d’Eau et d’Energie Thermique, 8 Aug 2023

AQUA and FARECOGAZ POSITION PAPER on the EC Proposal for a Regulation on Standard Essential Patents (SEPs) EU2023/0133 SEP licensing: a major challenge for the gas, water and energy metering industry Executive summary Smart meters are key enablers of the EU clean energy and digitalization…

Consultation response

Bundesverband E-Commerce und Versandhandel Deutschland e.V., 8 Aug 2023

Standard Essential Patents are crucial for the functioning of products essential for the digital and green transition. Especially for the digital transition it is important to use common standards. As products are getting more and more tech-enabled, the sale of these products is more and more…

Consultation response

Sisvel International S.A., 8 Aug 2023

Sisvel welcomes the opportunity to share its perspective on the proposal by the European Commission for a regulation on standard essential patents. We acknowledge that the Commission has concerns about lack of transparency and inefficiency in SEP licensing. Generally, we share them. That is why our…

Consultation response

4iP Council EU AISBL, 3 May 2022

4iP Council, the leading European not-for-profit research council on intellectual property, appreciates the opportunity to provide empirical academic research papers on whether the standard essential patents licensing ecosystem is functioning efficiently and effectively and striking the right…

Consultation response

Open Source Initiative, 10 Aug 2023

Many thanks for the opportunity to offer feedback. Input from the Open Source Initiative is in the attached document.

Consultation response

IDEMIA France, 8 Aug 2023

IDEMIA very much welcomes this proposal of regulation which will harmonize conditions upon which standard essential patents (SEP) may be exploited within EU (and EEA) and provide enhanced transparency and legal security for all stakeholders using standards for business. Therefore, it will foster…

Consultation response

Open Source Initiative, 9 May 2022

OSI is grateful for an opportunity provide feedback, which is detailed in the attached letter.

Consultation response

GovStrat, 10 Aug 2023

GovStrat appreciates the opportunity to submits these comments to the European Commission with respect to the Proposed SEP Regulation. As a consultancy firm dedicated to help Small and Medium sized Enterprises (SMEs) to contribute to Standards Development Organisations(1) and help them to define…

Consultation response

NTT DOCOMO, INC., 8 Aug 2023

NTT DOCOMO, the largest telecommunications company in Japan, has actively participated in standardization activities and has made a number of technical proposals. As a result of this activity, NTT DOCOMO owns a substantive SEP portfolio, has extensive knowledge of standardization and a lot of…

Consultation response

Axxès SAS, 9 May 2022

Axxès, PME du secteur du transport poids lourd, est fournisseur du service de télépéage interopérable européen conformément à la Directive 2019/520. Intermédiaire entre les percepteurs de péage d’une part (autorités publiques, leurs délégations et concessionnaires) et les transporteurs routiers…

Consultation response

Fédération Internationale des Conseils en Propriété Intellectuelle, 9 May 2022

Dear Ladies and Gentlemen, Attached please find the comments from Fédération Internationale des Conseils en Propriété Intellectuelle, the International Federation of Intellectual Property Attorneys, broadly representative of the free IP profession throughout the world. FICPI's transparency…

Consultation response

IP FEDERATION, 9 May 2022

Standards are prevalent across a large number of technologies and provide important technological advances that support innovation to the benefit of consumers. There are a range of ways in which standards are developed and licensed. This includes standards that were developed by consortia, formal…

GISAD proposes export bans for patents with high societal relevance

Global Institute for Structure relevance, Anonymity and Decentralisation i.G., 22 Apr 2022

GISAD recommends a new metric to assess the societal importance of patents. They advocate for export bans to undemocratic nations and state compensation for patent holders.
Patent holders would receive government funding and financial compensation for restricted export opportunities.
Countries with low democracy scores would be denied access to strategically important European technology.