On 16 April 2026, the European Commission adopted its revised Technology Transfer Block Exemption Regulation (TTBER) and Technology Transfer Guidelines (Guidelines). For ACT’s members, these Guidelines could determine the ability to license some of the patented components at the heart of technical standards like 5G, Wi-Fi, and Bluetooth on fair, reasonable and non-discriminatory (FRAND) terms. Without that, Europe’s small technology businesses simply cannot compete.

We appreciate the Commission’s open and collaborative process to update these guidelines. ACT and our members engaged throughout the process, submitting formal comments and meeting in-person with officials. With the EU’s withdrawal of the proposed SEP Regulation currently under review by the courts, the TTBER framework carries even greater weight. Here is our assessment of what the revision delivers and what it still leaves unresolved.

What the Commission Got Right

The revised Guidelines make meaningful improvements on transparency and clarity within patent licensing markets. Patent pools must now disclose which patents they license and their methodology to assess essentiality. Pools are also prohibited from double-dipping—charging for the same patent rights more than once—and must offer licences on FRAND terms.

These are real improvements for licensees who have long operated in the dark when it comes to understanding what they are actually paying for.

The new guidance on Licensing Negotiation Groups (LNGs) is well-intentioned, facilitating the creation of such groups. LNGs allow licensees to negotiate collectively with patent holders (who are already allowed to negotiate collectively through patent pools), which can help level the playing field for implementers facing powerful licensors.

Where the Commission Fell Short

Our members’ experience is clear: transparency obligations alone are unlikely to change behaviour. Enhanced disclosure requirements do not prevent patent pools from setting supra-FRAND rates or coordinating coercive litigation against licensees who are simply seeking the FRAND rates patent owners committed to. Therefore, adopting more substantial measures to address these issues is of utmost importance.

The new chapter on LNGs is a positive change, but it’s short on ambition. Allowing licensees to negotiate collectively with patent holders can help level the playing field for SMEs facing powerful licensors. Establishing a safe harbour for LNGs is something the Commission should consider adopting in a future revision of the TTBER and Guidelines.

What We Are Watching

ACT will monitor how the revised Guidelines are applied in practice, particularly whether the new patent pool transparency requirements affect how pools behave or whether the guidelines merely become a compliance checkbox. We will continue to engage with the Commission and national competition authorities, pushing for enforcement of the binding FRAND commitments and litigation coordination safeguards that the revised framework still lacks.

For our members, the revised TTBER and Guidelines are a step in the right direction but incomplete—the European Union must ensure full implementation and compliance with the revisions and future revisions should strengthen the FRAND commitment and competition in technology markets.