USPTO Launches SEP Working Group 

On December 29, 2025, the United States Patent and Trademark Office (USPTO) announced the launch of the Standard-Essential Patent (SEP) Working Group to restore "robust and predictable patent remedies" and renew American leadership in technology standards. The new group is tasked with three core objectives, namely: (1) Restoring robust remedies to provide “strong and predictable enforcement,” (2) facilitating participation in standards development to particularly incentivize participation by “small and medium-sized U.S. enterprises,” and (3) promoting stakeholder engagement and transparency to “increase predictability in SEP licensing negotiations.” Id. (emphases added). This cross-functional group reports directly to USPTO Director John A. Squires and is co-chaired by Deputy General Counsel and Solicitor Nicholas Matich and Senior Legal Advisor Austin Mayron. Id.

According to the announcement, “the SEP ecosystem has become increasingly hostile to innovators” because “[p]atent holders … face widespread efforts to devalue their contributions, unclear rules about their rights, and systematic suppression of licensing rates.” Id. The USPTO thus favors broader availability of preliminary injunctions in district courts, arguing that irreparable harm is common in patent cases because patents are hard to value and damages difficult to calculate. Id. Likewise, it argues that exclusion orders at the U.S. International Trade Commission (ITC) are in the public interest because the exclusive rights patents confer can help innovations reach consumers through competitive means. Id.

While the announcement is relatively light on details of how the working group aims to achieve its three core objectives, it notes that the USPTO welcomes input from stakeholders across the innovation system.

Takeaways

The formation of the working group may signal a pivot toward more aggressive enforcement of exclusionary rights for patent holders, as it comes shortly after Director Squires’ recent decision to initiate sua sponte Director Review in an inter partes review (IPR) proceeding to “determine whether this IPR should be de-instituted and terminated in view of the findings in the [Initial Determination from the ITC] that Patent Owner has established commercial success and that the claims are not invalid.” Sinclair Pharma v. Hydrafacial LLC, IPR2025-00145, Paper 40 (December 22, 2025) at 3.

To stay up to date on the latest SEP developments, speak to your Fish attorney or subscribe here.