Europe: UPC court fees announced

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Europe: UPC court fees announced

At the end of February the Preparatory Committee for the Unified Patent Court announced the definitive proposal for court fees for the UPC, which is planned to start in early 2017.

The most striking change with respect to the previous proposal is that the costs for registering an opt-out are set to zero. The argument of the Preparatory Committee for doing so was, next to the many requests from the profession, that registration and checking for payment would complicate the opt-out procedure. This procedure now is a simple filling of the required data in the automated registration system of the Court.

The other fees of the Court follow the original proposal, to the effect that filing cases for infringement or declaration for non-infringement involve a fixed fee of €11,000 and a value-based fee that can vary between €0 and €325,000. The value of the case should be calculated in the simplest way, for example by reference to an appropriate licence fee. Filing a revocation action only is subject to a fixed fee of €20,000.

There will be a 40% reduction for SMEs or micro-entities if they meet certain criteria. Court fees may be partially reimbursed for simpler procedures, such as when cases are heard by one judge, withdrawn or settled.

The value of the case also determines the ceiling of the recoverable costs, which may be awarded to the winning party.

For both the recoverable costs and the court fees there is leeway for the court to adjust the levels to the nature of the parties. If and how the cost structure favours non-practising entities (patent trolls) is difficult to predict. Possibly, they inadvertently profit from the arrangements that are applicable to SMEs.

More details and a full disclosure of the complete cost structure can be found on the website of the Preparatory Committee unified-patent-court.org.

Bart van Wezenbeek


V.O.Johan de Wittlaan 72517 JR The HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one claim has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Firm says its work with a biotech client could signal a sea change in how - and when - law firms enter the drug development process
Evan Lazerowitz, attorney in Robinson + Cole’s bankruptcy and reorganisation group, offers key takeaways for IP interested parties in bankruptcy and insolvency proceedings
While the UK sees heavy IP rankings movement, Germany’s new tiered UPC table signals a shift from early adoption to market maturity
In an exclusive interview, Bernard Ledeboer reveals how a Consolid-backed group of firms wants to expand across Europe, invest in AI and centralise operations to compete at the top tier
Gift this article