Unified Patent Court
Une juridiction unique des brevets pour les États membres de l’Union européenne
On the website of the UPC you can find a section called "legal documents". In this section you can find several legal documents governing the activity of the UPC and one of these documents is the "Table of Court fees" which you can download.
The court fees for certain actions (infringement action, counterclaim for infringement, action for declaration of non-infringement, action for compensation for license of right and application to determine damages) and appeals as to these actions will be made up of a fixed fee, combined with a value-based fee when the value of a case is above the set ceiling of 500,000 €. The value-based fees rise according to the value of a case. Details are laid down in a “Table of Court fees” which can be found on the UPC website for download.
There are also fixed fees covering a set list of other procedures and actions.
The value of actions for the determination of court fees and the ceilings for the recoverable costs for the representatives of the successful party are determined by the judge-rapporteur taking into account the value as assessed by the parties, by way of an order during the interim procedure (Rules 22, 60, 74, 104(i) Rules of Procedure of the UPC).
The assessment of the value of the relevant action shall reflect the objective interest pursued by the filing party at the time of filing the action. In deciding on the value, the Court may in particular take into account the guidelines laid down in a decision of the Administrative Committee for this purpose (Rule 370.6 Rules of Procedure of the UPC).
The 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. If lodged a respective notification in the statement of claim or counterclaim or in the application for a procedure or an appeal, SMEs may benefit from a 40% reduction in court fees (see Rule 370 (8) of the Rules of Procedure of the UPC). Further reimbursements will be available for using a single judge or early withdrawal or settlement of a case. Legal aid will also be available to natural persons most in need (see Rule 375 ff. of the Rules of Procedure of the UPC).