{"id":25358,"date":"2026-02-09T08:15:23","date_gmt":"2026-02-09T08:15:23","guid":{"rendered":"https:\/\/ponsip.com\/?p=25358"},"modified":"2026-02-16T09:26:39","modified_gmt":"2026-02-16T09:26:39","slug":"standard-essential-patents-seps-a-new-board-for-the-global-geostrategic-game","status":"publish","type":"post","link":"https:\/\/ponsip.com\/en\/ip-news\/news\/standard-essential-patents-seps-a-new-board-for-the-global-geostrategic-game\/","title":{"rendered":"Standard essential patents (SEPs): a new board for the global geostrategic game"},"content":{"rendered":"\n

Standard essential patents (SEPs) are patents that protect technologies that are indispensable for implementing a technical standard. If a manufacturer wants to comply with the standard \u2014for example 4G, 5G, Wi-Fi, Bluetooth, video codecs or V2X in automobiles\u2014 it cannot \u201cdesign around\u201d those patents without failing to comply.<\/p>\n\n\n\n

Essentiality arises within standardisation bodies (SSOs\/SDOs) \u2014ETSI, IEEE, 3GPP, ITU, ISO, among others\u2014 where companies contribute technology to define common specifications that ensure global interoperability. In exchange for having their technology incorporated into the standard, proprietors usually commit to license their SEPs under certain conditions that we call FRAND, which stands for Fair, Reasonable and Non-Discriminatory. It is a commitment that the SEP proprietor makes to the SSO and, in practice, to the market.<\/p>\n\n\n\n

The balance FRAND seeks to strike is a delicate one: avoiding the proprietor\u2019s hold-up (blocking markets with an SEP) without encouraging the implementer\u2019s hold-out (using the technology without paying, hoping to litigate later).<\/p>\n\n\n\n

SEPs are, therefore, a structural building block of the digital economy: they enable global markets for interoperable devices, but concentrate technological power in portfolios that can condition entire supply chains. This debate has traditionally been an issue for the telecoms sector with its 2G\/3G\/4G\/5G, Wi-Fi, Bluetooth, NFC standards, etc., but today it is a critical issue for all sectors with \u201dconnected things\u201d: Consumer electronics, automotive, industry, energy, etc.<\/p>\n\n\n\n

In particular, the expansion into automobiles and industry explains the increase in disputes and regulatory moves in recent months.<\/p>\n\n\n\n

Situation in the US, Asia and the EU<\/u><\/strong><\/p>\n\n\n\n

In the United States, at the end of 2025, the United States Patent and Trademark Office (USPTO) announced the creation of the Standard-Essential Patent (SEP) Working Group, a cross-functional team reporting directly to the Director of the USPTO. The group is co-chaired by senior legal officials from the Office and was created with a clear narrative: to strengthen an ecosystem that, according to the USPTO itself, had become \u2018hostile\u2019 to innovators due to unclear rules and downward pressure on licence fees. As a first tangible initiative, in January 2026 the USPTO has launched the Standards Participation and Representation Kudos (SPARK) pilot programme, which grants a limited number of acceleration certificates (to speed up the review of applications or appeals) to entities that participate significantly in standardisation.<\/p>\n\n\n\n

In Japan, in June 2025, the Tokyo District Court issued what is considered to be the first SEP-based injunction in Japan in Pantech v. Google, ordering the cessation of sales of the Pixel 7. In this case, the Court distinguishes between two phases:<\/p>\n\n\n\n