On December 29, 2025, the USPTO announced the formation of a Standard-Essential Patent (SEP) Working Group. The SEP Working Group will be a cross-functional team that reports directly to Director Squires and will be co-chaired by the Deputy General Counsel and Solicitor Nicholas Matich and USPTO Senior Legal Advisor Austin Mayron.
The SEP Working group will focus on three core objectives:
- Restoring Robust Remedies for Patent Holders;
- Facilitating Meaningful Participation in Standards Development, particularly by small and medium-sized U.S. enterprises; and
- Engaging Stakeholders and Promoting Transparency Across the Innovation Ecosystem to create dialogue with stakeholders to understand challenges they face, identify solutions, and develop resources to increase predictability in SEP licensing negotiations and standards development.
As recognized in the USPTO announcement, standards form the backbone of many technologies, from telecommunications to automotive systems to artificial intelligence. These standards enable interoperability and innovation. Standards also incorporate patented technologies that are essential to practicing the standard.
The formation of the SEP Working Group reflects the USPTO’s commitment that valid patents, including SEP patents, deserve strong protection and that the public interest favors enforcement of patent rights. The announcement also referenced recently submitted filings by the USPTO in two ongoing cases (one before the Eastern District of Texas and the other before the International Trade Commission (ITC)) as example actions taken to further the USPTO’s policy objectives.
This announcement is the first major pronouncement by the USPTO on SEP issues since June 2022 when the USPTO announced, collectively with the Department of Justice (DOJ) and the National Institute of Standards and Technology (NIST), the withdrawal of the 2019 SEP Policy Statement issued during the first Trump administration. The 2019 Statement articulated two key policy positions: (i) that injunctive relief and ITC exclusion orders should be available to SEP holders; and (ii) that SEP licensing disputes should not implicate antitrust laws. The 2019 policy replaced a 2013 policy statement by the Obama administration that strongly discouraged SEP injunctions.
As one of the core objectives of the SEP Working Group is to engage stakeholders, we expect to see upcoming announcements from the USPTO seeking input on issues and proposals. Both SEP holders and SEP implementers should be prepared to provide their feedback to the agency and to understand the impact of initiatives that may result from the SEP Working Group. Stakeholders should also monitor the aforementioned cases to see how the Eastern District of Texas and the ITC treat the two recent USPTO’s filings as these cases could provide important insights for practitioners going forward. We will continue to keep abreast of the latest developments and provide updated information when available.
