Britain will leave injunctions available in disputes over standard essential patents, while exploring ways for courts to settle licensing terms earlier in a case.
The decision, announced on October 13, follows a consultation on patents used in technologies that must work together, from smartphones and Wi-Fi to connected vehicles. Businesses incorporating those technologies may need licences on fair, reasonable and non-discriminatory terms, commonly called FRAND.
The government said the evidence did not establish that existing injunction rules systematically keep businesses out of the British market, deter innovation or force products to be withdrawn. Its consultation response acknowledged complaints about threats during negotiations but said court orders actually disrupting market access were rare.
Instead of restricting that remedy, ministers will work with the judiciary on an early FRAND determination within existing proceedings in England and Wales. The proposal remains something to be developed; the announcement does not itself create a new court procedure.
A separate possibility is a voluntary Intellectual Property Office service giving an early opinion on whether an offered licence falls within a FRAND range. The government will seek evidence on its feasibility and design. It has not decided to establish the service.
The package also envisages voluntary patent-information submissions, clearer expectations for exchanging information before litigation and practical guidance for less experienced licensees. It stops short of a new standalone alternative-dispute-resolution mechanism or an expansion of the IPO’s mediation service to cover these disputes.
The consultation ran from July to October 2025 and received 93 responses. Today’s policy outcome chooses improvements around the existing system while preserving the remedies available inside it.
