UK sets next steps on essential patents

On October 13, 2026, the UK Intellectual Property Office published the government's response to its consultation on standard essential patents. The government lists smartphones, Wi-Fi, connected vehicles, medical technology, and advanced manufacturing among the affected areas. It expects these patents to matter more as the number of declared patents grows and as new standards develop for technologies such as 6G and artificial intelligence.

On dispute resolution, the government will work with the judiciary to explore a court-anchored early determination of fair, reasonable, and non-discriminatory terms inside existing England and Wales court proceedings. It will develop licensing guidelines for those terms and will gather evidence on whether a voluntary opinion service at the Intellectual Property Office is feasible.

On information, the government will develop a voluntary route for patent holders to file standard-related patent information at the Office, and it will work with industry on a way for businesses to identify which patents apply to them. It also wants clearer conduct before cases reach court: exchange of information before action, and signposting to alternative dispute resolution routes that already exist. Practical licensing guidance, prepared with industry, will target businesses with little experience of these negotiations.

Some proposals did not go forward. The consultation evidence did not establish a clear case for an essentiality-checking service run by the Intellectual Property Office at this stage. Instead, the government will work with industry to improve information about existing essentiality services and will explore non-binding principles for how essentiality is assessed and reported. On injunctions, the evidence did not show that current rules systematically block market entry, discourage innovation, or push businesses to withdraw products from the UK market. The government does not consider further limits on injunctions appropriate at this time. A standalone rate-determination track has also been set aside for now.

The government says telecommunications, which relies on these patents, contributes more than 40 billion pounds a year to UK gross domestic product. The Intellectual Property Office will expand its resource hub on these patents and continue working with other countries on licensing across markets. It has not decided whether a fair-terms opinion service is workable. That assessment comes next, and the Office has asked businesses, advisers, academics, and other interested parties for views.