Resolving disputes over standard essential patents: call for comments on new guidelines

The Patent Mediation and Arbitration Centre (PMAC) of the Unified Patent Court is drafting guidelines for settling FRAND disputes out of court. Stakeholders can comment on the discussion paper until 26 October.

Smartphones connect to mobile networks, laptops join Wi-Fi, and headphones pair via Bluetooth. All of this works because devices follow common technical standards, which typically rely on patented inventions. Anyone who wants to use a standard therefore needs a license for these standard essential patents (SEPs).

Holders of such patents generally commit to granting licenses on fair, reasonable, and non-discriminatory terms (FRAND), so that they cannot block access to the standard. What that means in a particular case, however, is often disputed.

Guidelines for out-of-court settlement

This is where the Patent Mediation and Arbitration Centre of the Unified Patent Court (PMAC) comes in. A working group of SEP and FRAND experts has published a discussion paper for future guidelines. They are meant to be non-binding and flexible, and to set out how FRAND disputes can be resolved through mediation, arbitration, or expert determination.

Consultation open until October 26

A public consultation on the paper is currently under way. It is aimed mainly at SEP holders and at companies that use standards in their products and may therefore need a license. Comments can be sent by email to contact-pmac@unifiedpatentcourt.org until October 26, 2026.

→ The discussion paper and further information are available here