SEPs: continued policy focus and identified challenges

The UKIPO identifies SEPs as an area of increasing importance to the UK economy. However, the Corporate Plan acknowledges that the current ecosystem continues to present a number of longstanding structural challenges. In particular, the UKIPO highlights:

• limited transparency in licensing practices;
• uncertainty regarding the essentiality of declared SEPs; and
• costly and complex dispute resolution mechanisms, which may disproportionately affect small and medium-sized enterprises (SMEs).

These issues were the subject of a consultation last year (see related articles), and the UKIPO indicates that policy development in this area will continue during 2026.

Next steps and anticipated reform direction

The Corporate Plan confirms that the UKIPO intends to complete its policy development work on SEPs and make further progress towards potential changes to the regulatory framework. While no specific legislative proposals are set out at this stage, any reforms are expected to be directed towards solving the structural challenges mentioned above; that is, improving transparency in licensing, enhancing certainty around SEP essentiality, and addressing inefficiencies in dispute resolution.

The UKIPO positions these initiatives within a broader objective of maintaining the UK's attractiveness as a world-leading jurisdiction for innovation, creation, and technology-driven industries.

Outlook and implications

Although the Corporate Plan does not introduce immediate legal changes, it provides a clear indication that SEPs will remain a key area of UK IP policy development. Stakeholders involved in SEP licensing, enforcement, and dispute resolution should monitor developments closely.

We will of course also keep a close eye on the situation, and will report on any significant updates. In the meantime, if you have any questions relating to SEPs or any other IP matter, please contact the author or any member of the D Young & Co LLP team.

Useful link

Corporate report, Intellectual Property Office Corporate Plan 2026 to 2027, published 11 May 2026: dycip.com/gov-uk-ip-plan-26-27 

Related article

UK Government launches new consultation on SEPs, published 18 July 2025.