Adam Williams: “The main aim is to create more transparency”

In July 2024, the UK Intellectual Property Office launched its SEPs Resource Hub to aid businesses in navigating the SEP landscape. JUVE Patent asked the office’s CEO Adam Williams about the motivations behind the new guide and what influence the discussions in the European Union had on its creation.

JUVE Patent: What was the initial reason for launching the SEPs Resource Hub?
Adam Williams: We recognised that there is a rising tide of interest in the industry for standard essential patents. At the same time, SMEs in particular do not know enough about SEPs and these are some of the most active implementers in the UK. In contrast to large corporations, these smaller companies often don’t have large legal teams.

“SMEs in particular do not know enough about SEPs”

Our new strategy, IPO 2027, published in May, recognises that clear and supportive IP policies create a favourable environment for businesses to develop and commercialise their innovations, and to confidently navigate the IP landscape. We must play our part in helping more SMEs thrive and grow.

Resources and guidance such as what the SEPs Resource Hub offers will support and help empower all businesses to make informed decisions about their IP strategies, and in turn help them thrive in competitive markets.

What is the purpose of the Hub?
The main aim is to create more transparency and better information around SEPs. We want to inform those with an interest in SEPs about all aspects of SEPs, including common areas of technical standards, to prepare and help them navigate potential FRAND licensing negotiations. To this end, the Hub gives readers an idea about what to expect in these negotiations and what to look out for.

This includes, for example, information about the licensing models that are typically used and how to check whether a patent is essential to a standard. It also recommends finding out prior to negotiations if there is any information on public record about previous licensing agreements or SEPs regarding the same technology, or if there are existing tariffs or average market rates that can serve as a benchmark for negotiations.

“We made sure to cover different perspectives”

How will the office raise awareness of the Hub among SMEs?
In addition to promoting the Hub across the IPO’s channels, we’ll be engaging directly with SMEs and their trading representatives. We will also utilise our network of regional policy advisors across the UK to help deliver some of our important messages around the Hub. Our partnerships with a range of organisations and representative bodies also play a crucial role in driving awareness.

The Hub has been developed in collaboration with industry. Which steps did you take?
Initially, we thoroughly researched the current situation. To ensure the right balance of information we sought input from a wide group of stakeholders, including a broad range of industry representatives, such as SEP holders, SEP licensees/implementers, start-up and scale-up businesses, research institutions and academia. This also includes organisations such as Cyclopic, Qualcomm, Nokia, Elisabeth Opie, Benn Consulting Ltd, Nyobolt, Brisson Consulting, Amazon, the Fair Standards Alliance, and Jorge Contreras.

“The Hub will not remain static”

We had a good idea of what needed to be included following the conclusion of our call for views and targeted SME engagement on SEPs. After seeking ministerial input, we established a working group to help draft the Resource Hub content. In addition, we have a memorandum of understanding with the US PTO to share information and work on an international dialogue. This ensures we provide a more global view on IP.

Importantly, the Hub will not remain static. It will continue to develop over time to include further guidance, case studies and general support for businesses. We will also maintain the case law monitoring tool as the UK courts determine the outcome of cases.

In preparation for the Hub, did you also take into consideration concerns that have been raised regarding a European SEP regulation?
As a member of the EPO, and sharing the same stakeholders with other European countries, we are of course interested in what is going on in the EU. We therefore observe the current developments in European SEP regulation and the discussions surrounding it. But as a national patent granting body, naturally our main focus is on the needs of UK businesses that will be using the Hub.

“We observe the current developments in European SEP regulation”

The UK is renowned as a key venue for litigation, especially for SEP disputes. Does the SEPs Resource Hub address this?
We do provide information on dispute resolution, making sure to point out that there is also arbitration and mediation as an alternative to litigation. This includes a case law tracker with regards to court decisions in the UK.

The IPO engaged with a broad range of representatives from the UK legal system – including representatives of the Chartered Institute of Patent Attorneys and leading practitioners from major law firms specialising in SEP disputes. Recent judicial decisions in SEP litigation cases have certainly helped us to develop the guidance and provided us with a body of case law to point to for users.

However, it is important to note that our SEPs Resource Hub does not provide legal advice, it is merely a guide on how to navigate the complex ecosystem of SEPs and the key features of court litigation.