2023 the EU Commission presented an extensive patent package: Rules for standard essential patents (Sep), an EU-wide compulsory license for crises and a reform of supplementary protection certificates for medicines. It is now clear, which parts come – and which don’t.

SEP regulation withdrawn

The planned regulation should include holders of standard-essential patents (for example for 5G, WiFi or video codecs) oblige, to have their patents entered in a register at the EUIPO, and introduce a preliminary FRAND arbitration procedure. Although the European Parliament in February 2024 had agreed, the commission announced 14. February 2025 an, to withdraw the proposal, because no agreement was foreseeable. For SEP disputes, the ECJ remains the same (Huawei ./. ZTE), BGH and UPC developed rules for FRAND licensing.

Or: EU compulsory license for crises

The Regulation (BE) 2025/2645 wurde am 30. December 2025 published in the Official Journal and is on 19. January 2026 entered into force. It applies directly in all Member States:

• The EU Commission can issue a Union-wide compulsory license, if there is a crisis at EU level- or emergency mode has been triggered and patented technology is required for crisis-relevant products.
• Voluntary licenses have priority; the patent holder must be heard.
• The license is not exclusive, not transferable, limited to the crisis and subject to remuneration. The products may only be sold in the EU.

What does that mean for you??

For most companies, little changes in everyday life. Holders of patents in crisis-relevant areas (medicine, medical technology, Energy, semiconductor) However, you should be aware of the new regulations and take them into account when negotiating licenses. For SEP licenses, careful FRAND negotiations continue to be important. We support you Licenses and contracts.

Sources: European Commission, IP Helpdesk, Notice from. 14.02.2025; Regulation (BE) 2025/2645 (ABl. In. 30.12.2025). General overview, no legal advice in individual cases. Stand: November 2026.