• Press
  • Offices
  • Contact
  • Legal notice
  • EN
    • DE
  • UPC
  • Firm
    • Main Focus
    • History
    • Guiding Principle
    • Awards and Rankings
  • Our Practice
    • Legal Areas
    • Industries
  • Our Team
  • Career
    • Working with us
  • News & Knowledge
    • News
    • Events
    • UPC-Update
    • IP-Update
    • Brexit-Update
    • Publications
    • B&B Bulletin
  • Menu Menu
FIND EXPERTS
  • UPC
  • Firm
    • Main Focus
    • History
    • Guiding Principle
    • Awards and Rankings
  • News & Knowledge
    • News
    • Events
    • UPC-Update
    • IP-Update
    • Brexit-Update
    • Publications
    • B&B Bulletin
  • FIND EXPERTS
  • Contact
  • Our Practice
    • Legal Areas
    • Industries
  • Our Team
  • Career
    • Working with us
  • Offices
  • EN
    • DE

Costs and reimbursement in the new UPC system

8. September 2022/in Unitary Patent Court, UPC Overview

The parties to a proceeding must pay court fees for the proceeding. These shall be paid in advance unless otherwise specified in the Rules of Procedure. If a party has not paid the prescribed court fees, it may be excluded from further participation in the proceedings. The court fees for proceedings before the Unified Patent Court (UPC) consist of a fixed fee and a fee based on the value in dispute.

Court fees

For infringement actions and for actions for declaration of non-infringement, the fixed fee is EUR 11,000 and the fee depending on the value in dispute is between EUR 2,500 for a value in dispute of EUR 500,000 to EUR 750,000 and the maximum of EUR 325,000 for a value in dispute of EUR 50,000,000. The fixed fee for applications for interim measures and for nullity counterclaims is also EUR 11,000 each and the fixed fee for nullity actions is EUR 20,000. The upper limit for the fee dependent on the value in dispute for nullity counterclaims is EUR 20,000. The fixed fee for appeals is usually EUR 11,000.

Attorney fees

As in Germany, in proceedings before the UPC the costs of the legal dispute and other costs incurred by the prevailing party are generally reimbursed by the losing party. However, reimbursement only takes place up to a fixed upper limit if the costs are reasonable and appropriate and if there are no grounds of equity to the contrary. The upper limit of the costs to be reimbursed by the losing party in one instance is EUR 38,000 for a value in dispute of EUR 250,000 and EUR 2,000,000 for a value in dispute of more than EUR 50,000,000. In the event that a party is only partially successful or in the event of exceptional circumstances, the court may order that the costs be allocated on an equitable basis or that the parties bear their own costs. If a party has caused unnecessary costs to another party or to the court, it shall bear such costs itself.

Security deposits

In addition, at the request of the defendant, the court may order the plaintiff to provide reasonable security for the costs of the litigation and the defendant’s other costs.

 

Back to page Unitary Patent Court
/wp-content/uploads/2022/04/boehmert_logo.svg 0 0 Petra Hettenkofer /wp-content/uploads/2022/04/boehmert_logo.svg Petra Hettenkofer2022-09-08 16:20:492022-09-27 16:05:26Costs and reimbursement in the new UPC system

Author

Micheline Verwohlt
Dr. Michael Rüberg, LL.M. (London)

Contents

More articles

  • Unitary Patent: costs 18. November 2022
  • Interplay between infringement and revocation proceedings in… 18. October 2022
  • Introduction: What is the Unitary Patent System? 14. September 2022

Menu

  • Firm
  • Our Practice
  • Career
  • News & Knowledge
  • FIND EXPERTS

Informations

  • Press
  • Contact
  • Legal notice
  • Data Protection
  • General Terms and Conditions
  • Contact

Legal Areas

  • Employee Inventions
  • Data Protection
  • Designs
  • Domains
  • Information Technology
  • Anti-Trust
  • Licencing
  • Trade Marks
  • Patent Valuation
  • Patents & Utility Models
  • Patent Litigation
  • Product Piracy
  • Copyright
  • Unfair Competition

© Copyright 2023– BOEHMERT & BOEHMERT

Scroll to top

We only use functional cookies and no third party services. Learn more in our privacy policy.

Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.