Question to the Department for Science, Innovation & Technology:

To ask the Secretary of State for Science, Innovation and Technology, whether her Department has made an assessment of the potential impact of (a) patents for 4G and 5G technologies and (b) other Standard Essential Patents on the (i) development of the UK’s digital economy and (ii) ability of smaller British companies to compete and to use standardised connectivity technologies on fair terms.

The Government recognises the significant role that the development and protection of intellectual property plays in the digital economy, especially in telecommunications. In particular, as highlighted in the findings of the Telecoms Diversification Taskforce Report in 2021, Standard Essential Patents (SEPs) have the “potential to serve as considerable barriers to diversification”. SEPs can impact the ability of smaller companies to compete on a level playing field, given challenges associated with identifying and licensing patented technologies.

The Government set out its approach to these issues in both the 5G Supply Chain Diversification Strategy and the Wireless Infrastructure Strategy. These highlighted the importance of patent development to shaping 6G and future telecoms technologies so that the next generation of mobile networks meet the connectivity needs of the UK and maximise economic opportunities in the sector.

The Department for Science, Innovation and Technology is working closely with the Intellectual Property Office who are currently undertaking a review of SEPs in the context of the UK’s Intellectual Property Framework. This has included specific work gathering evidence from small and medium sized enterprises. Responses to the findings of these Calls for Views were published in August 2022 and July 2023.