Quite a furor has broken out over the European Commission (EC) proposals for a new regime covering primary patents over critical technologies, especially in the telecoms sector. The EC, the EU’s executive body, has been roundly criticized by a number of patent experts for rushing in with an ill-considered plan based on poor understanding of this complex and arcane field, which is likely to do a lot more harm than good. These patents come under the heading of SEP/FRAND, where SEP (Standard Essential Patent) protects a technology deemed essential by a Standard Setting Organization (SSO) for a given sector, such as 5G. When an SEP has been declared to the SSO, the owner of that patent must then be willing…