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

Cookies Settings

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 Court fees may be partially reimbursed for simpler procedures, such as when cases are heard by one judge, withdrawn or settled.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

Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
Palińska is the business & IP law lead at CD Projekt Red in Poland
Schwitulla is the head of litigation management at Nokia in Germany
Gift this article