EPO Study Explores the Vital Link Between Technology Standards and Patents

The European Patent Office (EPO) has published a study titled Standards and the European Patent System, highlighting the significant connection between technology standards and patents. This study utilises the EPO's extensive prior art databases, which include over 5.5 million documents from standards development organisations (SDOs), to analyse how these documents are cited in European patent applications and their relevance to Standard Essential Patents (SEPs).

The study reveals that in rapidly advancing sectors such as wireless communications and media compression, nearly 70% of EPO search reports now reference documents from SDOs. This trend highlights the increasing availability of relevant SDO materials, which has been supported by two decades of strong collaboration between the EPO and SDOs.

The study also features the EPO’s most recent analysis of cases handled by the Unified Patent Court (UPC), highlighting its rapid emergence as a preferred venue for both SEP holders and implementers. Historically, legal disputes over SEPs in Europe have been fragmented, often involving costly and time-consuming parallel proceedings across different jurisdictions. However, in just 19 months, the UPC has heard 23 SEP-related cases—representing over one-third of all such decisions in Europe—demonstrating its growing role and effectiveness. This development is contributing to reduced parallel litigation and greater legal clarity.