SEP Essentials

2026 already has been a whirlwind of global activity, including in the world of standards and standard essential patents (SEPs).  The United States has announced its intent “to win the global race for 6G” and obtain “scientific and technological global dominance” ( Global Dominance – The U.S.A.’s Views on Standards and SEPs ). China has further cemented its status as the only country in the world with a well-formulated and consistent strategy and vision around standards and S

The current U.S. administration has recently turned some of its attention to patents and patent policy.  The first such policy changes were not specific to standard essential patents[1]. But, on December 19, 2025, the White House released a “ Fact Sheet ” in which it announced its intention to focus on 6G technologies and on standards themselves. The White House’s announcement evidences the administration’s view that standard setting is a competitive endeavor – one with both

This situation represents a major test for the IEEE SA processes — and ultimately whether the IEEE SA has the guts to appropriately discipline parties that violate the IEEE SA rules, potentially including Huawei as a company. It is far past time that the IEEE police itself, and the behavior of its participants. 

The IEEE is a consensus organization “dedicated to advancing technology for the benefit of humanity.” [1]  And that is how Wi-Fi (IEEE 802.11) started: with a bunch of dreamers and idealists who wanted to create new technology to make everyone’s life easier.  They worked under a set of rules that allowed every individual who came to enough meetings to vote on proposals and required that each of these individuals vote their conscience, rather than voting in a block to protect

On 27 April 2023, the European Commission published its proposal for the Regulation of Standard Essential Patents (“SEP Proposal”).  The SEP Proposal was carefully considered and vetted through the European Union’s ordinary legislative procedures.  Stakeholders and the public were given the opportunity to provide written input and there were more than 70 submissions from businesses, academics and other experts.  It was also reviewed, and comments and suggestions made, by seve

The European Telecommunications Standards Institute (“ETSI”) requires each SEP owner to agree to give an “irrevocable undertaking in writing that it is prepared to grant irrevocable licences on fair, reasonable and non-discriminatory (“FRAND”) terms and conditions . . .”  If a SEP owner refuses, the committee, in consultation with the ETSI Secretariat, is empowered to stop work on the applicable section of the standard. [1]   Similarly, in the Institute of Electrical and Elec