This article has been inspired by two documents that have marked the importance of recognizing the issue of hold-out in a transparent manner to ensure a balanced framework for standard-essential patents (SEPs) and to avoid the misapplication of antitrust law: the first is the recent European Commission’s (EC) Communication to the Institutions on Setting out the European Union (EU) approach to SEPs1; the second is the speech delivered by Mr Makan Delrahim, Assistant Attorney General at the Antitrust Division of the US Department of Justice.2 This article, reviewing recent case law from the EU, USA, and India, advocate for the development of a hold-out argument to reach a balance between SEP holders and implementers