On December 29, 2025, the United States Patent and Trademark Office (USPTO) established the “Standard-Essential Patent (SEP) Working Group.” This task force aims to address increasingly complex patent licensing challenges in the communications and internet technology sectors, promote transparency in standard-setting processes, and foster balanced development between innovators and implementers.
With the widespread adoption of 5G, the Internet of Things (IoT), and artificial intelligence technologies, standard-essential patents play an increasingly critical role in maintaining global technological interoperability. However, disputes surrounding FRAND (Fair, Reasonable, and Non-Discriminatory) licensing terms have also increased, creating uncertainty for market participants, including small and medium-sized enterprises.
USPTO Director Kathi Vidal stated in a declaration that standard-essential patents are not only central to technological competition but also a cornerstone for ensuring America's continued global leadership in critical technology sectors. The newly established working group will focus on building a clearer, more efficient SEP ecosystem. Vidal emphasized that through this initiative, the office aims to reduce unnecessary litigation friction, enabling companies to allocate more resources to R&D and market expansion rather than prolonged licensing negotiations.
The working group's primary functions will include:
First, enhancing stakeholder education and communication. The group will provide specialized resources for small and medium-sized enterprises (SMEs) and new entrants to help them navigate complex SEP licensing rules and lower market entry barriers.
Second, improving information transparency. By optimizing databases and disclosing information, the group aims to clarify which patents genuinely fall under the “standard-essential” category, thereby reducing market disruptions caused by information asymmetry.
Third, deepening international cooperation. Recognizing the global nature of standard-setting, the working group will actively engage in dialogue with the UK Intellectual Property Office, relevant European institutions, and other international partners. This aims to explore cross-jurisdictional policy coordination mechanisms, preventing inconsistent regulatory standards from hindering multinational technological collaboration.