< Back to latest news & events

UPC

UPC – Preparatory Committee Proposes Court Fees

May 2015

Over 2 years after the Agreement on the Unitary Patent Court was signed, the Preparatory Committee has published proposed Court fees and launched a public consultation on the fee structure for the Court.

The consultation document comprises of two options revising the Rules of Procedure, including a table of fees, a scale of ceilings for recoverable costs and an Explanatory Note.

The Committee have said that “The fee structure for the Unified Patent Court will comprise fixed fees and, for certain actions, an additional value based fee. The fee levels proposed are the lowest that will enable eventual sustainability of the Court”. Two alternatives have been set out.

Given that the Unitary Patent and UPC have been championed by the European Parliament to “cut costs for small firms and tailored the regime to their needs…” it may be surprising that both the proposed alternatives include a minimum fixed fee of €11, 000 to bring an infringement action before the UPC. Furthermore, for claims with a value greater than €500,000, a value-based fee will also be payable (increasing with value of the action). Counter claims for revocation have the same fixed fee, and revocations, higher still at €20,000. Ceiling levels for recoverable costs are also proposed, starting at €50,000 for a €250, 000 action.

There are options for seeking reductions; in one alterative, reimbursements may be available if the action is settled or withdrawn and in the other alternative, SMEs, micro entities and the like, may apply for an exemption (this will only apply to the value based fees).

More welcome news will be the proposal that an opt-out fee, to remove a European patent from the jurisdiction of the UPC, should be set at €80, and this will be applicable to each patent, and not each designation. Comments (electronically to the [email protected] before midnight on the 31 July) are welcomed on any aspect of the proposal and will be considered by the Preparatory Committee and its appropriate Working Groups prior to publication of an agreed fee structure.

Latest updates

The EPO Board of Appeal comments on the scope of the morality exclusion from patentability

The recent decision, T1553/22 of the Board of Appeal required the Board to consider the scope of the exclusions from patentability under Article 53(a) EPC. The invention in this case …

Read article

WIPR Diversity Top 100 2025

HGF’s European Patent Attorney Alexandra Wood has been listed in World IP Review’s (WIPR) Diversity Top 100 2025 World IP Review’s Diversity in IP listings 2025 recognises and celebrates people …

Read article

INTA 2025 Annual Meeting Live

The HGF European team will be attending the INTA Annual Meeting Live, which will take place on 17th-21st May in San Diego, US. The conference will connect some of the …

Read article

HGF wins big at the Managing IP EMEA Awards Ceremony 2025

The Annual Managing IP Awards: EMEA Awards 2025 were announced last night, and HGF are proud to have won 7 awards. The Managing IP Awards are highly recognised and respected …

Read article

Plant Patent Infringement in the US Relies on Evidence of Asexual Reproduction

A recent case in the US District Court for the Northern District of Texas (Dallas Division) once again highlights how important the initial pleadings and evidence in patent infringement cases …

Read article

Exam Success at HGF!

HGF is pleased to announce that several of our attorneys have passed their UK Advanced Patent exams! In no specific order, we would like to say well done and a …

Read article

IP Ingredients: How food companies are using IP to stay ahead of the GLP-1 curve

The impact of GLP-1 on the food and beverage sector GLP-1 agonists, best-known under the brand names Ozempic® and Wegovy®, are medicines used to treat type 2 diabetes and obesity. …

Read article