​​Technology standards and patents for Europe’s digital future​

T​echnology standards are the silent powerhouses behind today’s digital economy. Today, the European Patent Office (EPO) published a study that reveals the clear link between technology standards and patents. The study leverages the EPO’s vast prior art databases, which include over 5.5 million documents from standards development organisations (SDOs), a unique collection curated through close collaboration over the past two decades.​ The study also analyses recent European case law on Standard Essential Patents (SEPs).  

The EPO study, titled Standards and the European patent system, introduces a new dataset that reveals with greater clarity than ever before how standards documentation is used in the examination of European patent applications, and also how often the resulting patents go on to be declared essential to widely adopted technology standards. As the patent system continues to play a key role in incentivising R&D investments and the exchange of technical knowledge, the proportion of patents that cite documents from SDOs is rising, which highlights the importance of patents for the development of those technologies regulated by standards. 

​“Technology standards are the backbone of our digital economy, driving innovation and growth, and ensuring seamless connectivity across devices and platforms,” said EPO President António Campinos. “As we look to the future, similar standardisation efforts will be crucial for emerging technologies like artificial intelligence and quantum technologies. With five decades of experience, the EPO stands ready to support a balanced and transparent system for Standard Essential Patents – providing the expertise needed to strengthen Europe’s technological leadership and secure its digital future.”

​Collaboration between EPO and SDOs supports extensive use of standards documents

​The many technical documents that are produced and disclosed during the standards development process, and used by SDOs when evaluating technologies for future standards, are considered to be prior art. The EPO has invested in creating the world’s largest prior art collection, which helps to ensure the high quality of our products and services. The collection includes over 5.5 million SDO documents, providing examiners with a rich source of prior art to cite when judging an invention’s novelty and inventiveness – and hence its patentability. Furthermore, the use of these documents contributes to the European Commission’s goal of enhancing transparency in relation to patents and technology standards. 

​The new study shows that in fast-evolving fields like wireless communications and media compression, almost 70% of EPO search reports now include citations from SDO documents. This reflects growing access to relevant SDO documentation, thanks in part to close co-operation between the EPO and SDOs over the past two decades.

​Publicly available dataset contributes further to transparency

​The new dataset created for the study is based on over 190 000 patent applications and reveals that nearly 170 000 distinct SDO documents are cited in the applications almost 418 000 times in total. The dataset, which is freely accessible to the public, further enhances transparency and helps stakeholders better understand the clear link between patents and standards in the innovation landscape. Given that the percentage of declared SEPs citing at least one SDO document is also fairly high (37%), the dataset provides a valuable foundation for predicting essentiality.

Unified Patent Court – a new era in SEP dispute resolution

​Today’s study includes the EPO’s latest analysis of the cases settled at the Unified Patent Court (UPC), showing how quickly it is becoming a first-choice forum amongst SEP owners and implementers. Legal disputes over SEPs have long been fragmented in Europe, with time-consuming and expensive parallel court actions in multiple jurisdictions. But in just 19 months, the UPC has heard 23 SEP-related disputes, accounting for more than one third of all SEP-related disputes with decisions in Europe – a sign of its growing influence and efficiency. This shift is helping to avoid parallel litigation and to enhance legal certainty.

​In addition, the upcoming launch of the UPC’s Patent Mediation and Arbitration Centre (PMAC) in late 2025 will provide a dedicated alternative dispute resolution forum for global SEP disputes. A dedicated procedural framework for disputes involving SEPs will be integrated within the PMAC’s Arbitration, Mediation and Expert Determination Rules.

​Shaping everyday life: the role of SEPs in modern technologies

​Whether it's high-speed 5G connectivity, smart home devices, or streaming high-definition video, standards are fundamental to the technologies we rely on every day. To meet market needs, standards must include cutting-edge technologies that are often protected by SEPs. These patents underpin standards like 5G, Wi-Fi and video/audio codecs – enabling millions of devices to communicate securely and efficiently. Without the technology available through SEPs, our digital networks wouldn’t function. As outlined in the European Commission’s SEP impact assessment report of 2023, the number of Internet of Things (IoT) devices is expected to exceed 30 billion by 2030, with cellular IoT connected devices projected to reach 5.4 billion – 98% of which will operate on 4G, 5G or 6G. SEPs will remain key to ensuring these technologies are reliable, secure and interoperable. Further examples of why standards matter can be found in the stories behind the development of now ubiquitous technologies such as USB and Bluetooth, for more on which, see below.

​SEPs as a strategic asset for Europe’s economy

​SEPs are not only technical cornerstones but key drivers of economic growth and industrial competitiveness. According to the European Commission, over 85% of mobile communication standards depend on SEPs. In 2022, Orbis data identified around 47 500 manufacturing firms globally that potentially use standards under FRAND (“Fair, Reasonable And Non-Discriminatory”) licensing terms. Of these, approximately 3 800 firms (8%) were based in the EU, collectively employing 2.2 million people. Their combined turnover reached approximately €600 billion, with 88 firms reporting €26 billion in R&D investment.

To further contribute to transparency and public debate, the EPO together with the French IP Office (INPI) is organising a high-level event with judges, practitioners and representatives from government and industry: 

​Patents, Standards and Innovation: Securing Europe’s Competitive Edge
📍 Paris | 📅 14 May 2025