The Administrative Committee of the UPC has decided on a comprehensive reform of court fees, which will come into force on 1 January 2026. The adjustment affects almost all fee items, from classic lawsuits to interim measures and procedural motions.
Important changes at a glance
- General adjustment: Fixed fees will be increased in line with inflation (by up to approx. 33%).
- Introduction or increase of fees based on the value in dispute, e.g. for appeals, interim measures, applications for injunctions, etc.
- Significant increase in fees for preservation of evidence, inspection orders and similar measures.
- Revision of the cost and reimbursement regime, including adjustments for small and medium-sized enterprises (SMEs).
Typical costs — examples
| Procedure / Application | Old fee rate* | New fee rate (from 1 January 2026) |
| Infringement action | Fixed: €11,000 + value-based fee depending on the amount in dispute (e.g. up to €5 million = €32,000) | Fixed: €14,600 + significantly higher value fee (e.g. up to €5 million = €44,600) |
| Counterclaim for annulment | As for infringement proceedings, with a fee cap of €20,000 | Same fee as for infringement action, with a fee cap of €26,500 |
| Isolated action for annulment | Fixed: €20,000 | Fixed: €26,500 |
| Applications for preservation of evidence/inspection | Previously: €350 | New: €5,000 fixed fee (plus additional fees, if applicable) |
| Protective letter | Previously: €200 (submission); €100 (extension) | New: €300 (submission) / €130 (extension) |
* The “old” rates are examples and may vary depending on the specific procedure.
Significance and practical implications
For patent owners and defence counsel, this means that anyone planning to initiate proceedings before the UPC from next year onwards, whether it be an infringement action, a nullity action, proceedings for the preservation of evidence or a protective letter, should definitely include the new fees in their cost planning.
Proceedings involving multiple applications, such as parallel infringement and preservation of evidence or a combination of an action and a preliminary injunction, are particularly affected. In such cases, the costs may increase significantly compared to the past.
In addition, the amount in dispute plays an even greater role: in the case of high claims or extensive damages and exploitation interests, the fees increase accordingly.
However, there are also provisions that are adapted to the cost and reimbursement regime, such as reimbursement options or discounts for SMEs.
Recommendations for patent owners and defence counsel
- Early cost and strategy assessment: In the case of larger proceedings or planned protective measures, sound cost and budget planning should be carried out now.
- Weighing up procedural tactics and strategic approaches: Whether a lawsuit, counterclaim or protective letter is appropriate should be assessed on a case-by-case basis.
- Consideration of value fees for higher amounts in dispute: Particularly in the case of extensive claims for damages or licence fees, it is worthwhile to assess the expected amount in dispute at an early stage.
