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  • Gottfried Schüll

EU Commission abandons SEP reform proposal and reinforces the EU’s quality as a court location

C&F welcomes the Commission’s commitment to consistent European case law

Düsseldorf, March 7, 2025 – Consistent case law for standard essential patents (SEPs) is a high priority in the European Union. The EU Commission is discontinuing its reform proposal on SEPs, at least for the time being, as shown by its work program published on February 12, 2025, for this year. The original proposal was controversial among experts. Among other things, it provided for the establishment of an SEP register, fixed rates, and the introduction of a dispute resolution mechanism.

“The EU Commission clearly attaches great importance to a well-founded legal debate on the subject of SEPs, and has carefully examined and adapted its approach accordingly,” says Gottfried Schüll, patent attorney and partner at Cohausz & Florack (C&F). The EU Commission participated in a German court case on this issue in a nuanced and comprehensive manner at the end of last year. 

“This development is pleasing, and once again emphasizes the high quality and appeal of the EU as a court location,” Schüll continues. With its approach, the EU Commission is reaffirming its commitment to resilient, transparent, and consistent European case law, which is a fundamental prerequisite for an economically and legally stable European Union.

Picture credits: Lena Wurm_AdobeStock.com