IP Law Daily, PATENT NEWS—USPTO establishes SEP Working Group to support injunctive relief and strengthen SEP enforcement, (Jan 6, 2026)

By Saurabh Kashyap, B.A., M.A., LL.B., LL.M.

New working group formalizes recent USPTO court and tribunal interventions in SEP disputes and emphasizes the availability of injunctive and exclusionary relief.

On December 29, 2025, the United States Patent and Trademark Office (USPTO) announced the establishment of a Standard-Essential Patent (SEP) Working Group, reporting directly to USPTO Director John A. Squires. The announcement builds on a series of recent actions by the agency—often undertaken in coordination with the U.S. Department of Justice Antitrust Division—focused on patent remedies and enforcement in disputes involving standard-essential patents. According to the USPTO, the Working Group is intended to “renew American leadership in technology standards” by ensuring that patent holders whose technologies are incorporated into standards receive strong and predictable enforcement of their rights.

While the Working Group does not possess independent adjudicatory authority, the USPTO’s announcement makes clear that it is designed to institutionalize and operationalize policy positions the agency has recently advanced before U.S. district courts and the U.S. International Trade Commission (USITC), particularly with respect to injunctive and exclusionary relief in SEP cases.

Background. Technical standards underpin many modern technologies, enabling interoperability and market formation across sectors such as telecommunications, data networking, automotive systems, and artificial intelligence. These standards are developed through voluntary standard-developing organizations (SDOs) and frequently incorporate patented technologies. When the implementation of a standard necessarily infringes a patent, that patent is commonly referred to as a standard-essential patent, or SEP.

The USPTO’s press release frames the creation of the SEP Working Group against what it describes as an increasingly unfavorable environment for SEP owners. According to the agency, patent holders who contribute technologies to standards face efforts to devalue their contributions, uncertainty surrounding their legal rights, and suppression of licensing rates. The USPTO emphasizes that these concerns affect patent holders of all sizes, including large corporations, small and medium-sized enterprises, universities, and individual inventors.

The announcement also reflects concern about legal and policy developments that, in the USPTO’s view, tend to favor standards implementers. These include the use of anti-suit injunctions, interim licensing arrangements, and regulatory proposals aimed at influencing SEP licensing outcomes. The USPTO positions the Working Group as a response to these trends, emphasizing enforcement of patent rights as a core component of innovation policy.

Recent USPTO court and tribunal filings. The formation of the SEP Working Group follows a series of notable USPTO filings in pending SEP disputes. On June 24, 2025, the USPTO filed a statement of interest in Radian Memory Systems LLC v. Samsung Electronics Co., before the U.S. District Court for the Eastern District of Texas. The dispute involved SEPs related to the management of flash solid-state devices.

In its filing, the USPTO urged the district court to make injunctive relief available to the SEP owner on its motion for a preliminary injunction. The agency stated that limiting the availability of injunctions can undermine the incentive to innovate that underlies the Patent Act. It further asserted that “irreparable harm is common in patent infringement cases because patents are hard to value and damages are difficult to calculate,” and emphasized that this applies regardless of whether the patent holder practices the invention or relies on licensing to commercialize it.

In November 2025, the USPTO advanced similar arguments before the USITC. In Certain Dynamic Random Access Memory (DRAM) Devices, the agency filed its first-ever public interest comment addressing SEP-related remedies. Filed jointly with the Department of Justice, the submission argued that “the public interest overwhelmingly favors the enforcement of valid patent rights” through exclusion orders under Section 337. The USPTO cautioned against relying on public interest factors in a manner that would prevent the institution of investigations based on otherwise meritorious complaints filed by SEP owners.

These filings are expressly referenced in the Working Group announcement as part of the USPTO’s broader effort to restore robust and predictable patent remedies.

SEP Working Group. According to the USPTO, the SEP Working Group will be comprised of a cross-functional team and will report directly to Director Squires. It will be co-chaired by USPTO Deputy General Counsel for Intellectual Property Law and Solicitor Nicholas Matich and USPTO Senior Legal Advisor Austin Mayron. The agency states that the Working Group will use “all available USPTO authorities” to develop and deliver meaningful policy solutions on SEP-related issues.

The announcement indicates that the Working Group is intended to formalize the USPTO’s recent engagement on SEP enforcement and to provide a structured mechanism for continued participation in court and tribunal proceedings through statements of interest and public comments.

Core objectives. The USPTO identifies three core objectives that will guide the Working Group’s activities. The first objective is to clarify that valid patent rights, including SEPs, deserve strong and predictable enforcement. The USPTO links this objective to the principles articulated in its filings in Radian Memory Systems and Certain DRAM Devices, including the availability of injunctive relief and exclusion orders as tools to protect patent rights.

The second objective focuses on enabling broader participation in SDOs, particularly by small and medium-sized U.S. enterprises. According to the USPTO, uncertainty regarding enforcement and remedies can deter smaller entities from contributing patented technologies to standards.

The third objective involves creating channels for dialogue among patent holders, implementers, SDOs, and other stakeholders. The Working Group will gather input on challenges across the innovation ecosystem and develop resources to increase predictability in SEP licensing negotiations and standards development.

Injunctive and exclusionary relief. A defining feature of the USPTO’s announcement is its emphasis on injunctive and exclusionary relief as legitimate mechanisms for enforcing SEP rights. The agency reiterates its position, articulated in the Radian statement of interest, that the availability of injunctive relief should not depend on whether the SEP owner practices the patented technology. According to the USPTO, reliance on licensing does not negate irreparable harm or diminish the public interest in enforcing valid patent rights.

News: Patent USPTO GCNNews