The European Unitary Patent System and Unified Patent Court

UPC fees – consultation open until 31 July 2015

The Preparatory Committee publishes its eagerly anticipated consultation document setting out 2 proposals for Court fees and a scale of recoverable costs.

Under both proposals most Court fees will consist of a fixed fee element (eg. €11,000 for an infringement action) and for claims over €500,000, an additional value-based element calculated by reference to the value of the claim (eg. €25,000 for a €4m claim). Some claims and applications will only attract fixed fees (eg. €20,000 for revocation claims).

The first proposal provides for reimbursement of part of the fees if the action is heard by a single judge, the case is withdrawn or if the parties settle the action. The second proposal suggests discounted fees for SMEs, universities and non-profit organisations.

The Consultation document also includes a scale of recoverable costs based on the value of the action. For example, for a €4m claim, the maximum recoverable costs will be €400,000. The Committee explains that the participating member states had widely differing views on what constitutes reasonable representation costs (which in some cases differed by almost a factor of 10). The proposed scale represents a compromise.