Considerations for the Design of Rate-Setting Procedures for Standards-Essential Patents

With the demise of the European Commission’s proposed rate-setting regulation for standards-essential patents (“SEPs”), others, including the UK Intellectual Property Office (“UKIPO”), have been testing the waters with respect to possible regulatory initiatives in the area of SEP rate setting. The UKIPO public consultation on SEPs, in particular, has sought public input on “the potential introduction of a Rate Determination Track” that “would have the objective of providing all e