Unified Patent Court
A single patent court for Member States of the European Union
The UPC’s court fees framework has been set up to balance the need for the court to be self-sustaining and to allow for fair access to justice. For this purpose, it includes fixed fees and for certain actions an additional value-based fee. A value-based fee is charged when the value of a case is above the set ceiling of 500,000 €, and which increases with the value of the action. Value-based fees are based on the estimated value of the case put forward by the claimant in the Statement of Claim. The estimated value of the case shall reflect the objective interest pursued by the claimant at the time of filing the action.
Actions for which an additional value-based fee might be charged:
• Infringement action
• Counterclaim for infringement
• Action for declaration of non-infringement
• Action for compensation for license of right
• Application to determine damages
Current court fees (fixed and value-based)
Small and Micro-entities will benefit from a 40% reduction in court fees. Furthermore, there will be reimbursements of fixed and value-based fees of up to 60% in cases of early settlement of the action by the parties, withdrawal of an action or the use of a single judge.
If the amount of payable Court fees threatens the economic existence of a party who is not a natural person, and has presented reasonably available and plausible evidence to support that the amount of Court fees threatens its economic existence, the Court may upon request by that party, wholly or partially reimburse the fixed and value-based fee.
Reimbursements of fixed and value-based fees.