Before the UPC, bringing a case costs a fixed fee, plus, for certain actions, a value-based fee depending on the value of the action (R370 RoP UPC). The scale is set by the Administrative Committee; it was raised by about a third on 1 January 2026, and the level of the fees is now reviewed every two years in the light of inflation (table of court fees, version as amended on 4 November 2025; R370.1 RoP UPC).

Lawyers’ fees are not covered by this scale: their reimbursement by the unsuccessful party is dealt with in “Legal costs”.

Fixed fees at first instance

According to the table of court fees (sections I and III):

Action or application Fixed fee
Infringement action (and counterclaims concerning licences) €14,600
Counterclaim for infringement €14,600
Action for a declaration of non-infringement €14,600
Action for compensation for a licence of right €14,600
Revocation action €26,500
Counterclaim for revocation same fee as the infringement action, up to €26,500
Application for provisional measures €14,600
Application for the determination of damages €4,000
Application to preserve evidence (saisie), for inspection or for a freezing order €5,000 each
Action against a decision of the EPO €1,300
Protective letter €300; extension: €130
Re-establishment of rights (restitutio in integrum) €460
Review of a case-management order, setting aside a decision by default, application for enforcement €1,300 each

Value-based fee

For the actions in the first part of the table (infringement, non-infringement, counterclaim for infringement, licence of right, damages, provisional measures, saisie, inspection and freezing orders), an additional fee is due once the value of the action exceeds €500,000 (R370.3 RoP UPC and table of court fees, section II):

Value of the action (up to…) Additional fee
€500,000 €0
€750,000 €3,300
€1,000,000 €5,300
€1,500,000 €10,600
€2,000,000 €17,200
€3,000,000 €26,500
€4,000,000 €34,400
€5,000,000 €42,400
€6,000,000 €51,600
€7,000,000 €60,900
€8,000,000 €68,800
€9,000,000 €76,800
€10,000,000 €86,100
€15,000,000 €99,300
€20,000,000 €132,400
€25,000,000 €165,500
€30,000,000 €198,600
€50,000,000 €331,000
more than €50,000,000 €430,300

An infringement action with a value of 2 million euros therefore costs €14,600 + €17,200 = €31,800 in fees. The revocation action, for its part, carries only its fixed fee.

For a saisie, an inspection or a freezing order, the value-based fee is not due if an infringement action is already pending between the same parties concerning the same patent (R370.3 RoP UPC).

The value of the action

The value reflects the objective interest pursued by the claimant at the time the action is filed; the Court may draw on the guidelines adopted by the Administrative Committee (R370.6 RoP UPC).

The claimant estimates it in its Statement of claim and pays the corresponding value-based fee (R13.1(p) and R371.4 RoP UPC). The judge-rapporteur then determines it definitively by order during the interim procedure, in the light of the parties’ estimates (R22.1 and R104(i) RoP UPC); if the value so determined is higher, the balance is paid within 10 days (R371.4 RoP UPC). The same value is used to determine the ceiling for recoverable representation costs (R104(j) and R152.3 RoP UPC).

One fee per action

Whatever the number of claimants, defendants or patents, only one fixed fee and, where applicable, one value-based fee are due per action (R370.7 RoP UPC). One still has to count one’s actions correctly: two applications for rehearing concerning two separate cases call for two fees, and an applicant that paid only one cannot, on withdrawing, claim reimbursement of half of it (UPC, Court of Appeal, 25 March 2026, Sanofi and Regeneron v. Amgen, UPC_CoA_528/2024 and UPC_CoA_529/2024, points 15 to 18).

On appeal

On appeal against a decision on the merits, the fee is in principle the same fixed fee as at first instance (€14,600 for infringement or non-infringement), plus a value-based fee about 10% higher than at first instance; an appeal against a decision on a revocation action costs €29,200, and an appeal against a decision on a counterclaim for revocation costs the first-instance fee plus 10% (table of court fees, sections IV and V).

For orders: €14,600 (plus the value-based fee) for provisional measures, €5,000 (plus the value-based fee) for saisies, inspections and freezing orders, €4,000 for orders to produce evidence, to communicate information or on language, €1,300 for an application for suspensive effect or for discretionary review, €14,600 for an application for rehearing (same table, section IV).

Reductions and reimbursements

  • Small and micro enterprises: they pay only 50% of the fees, on a simple declaration accompanying their application; an incorrect declaration exposes them to payment of the balance plus a 50% surcharge (R370.8 RoP UPC).
  • Withdrawal: 50% of the fees are reimbursed if the action is withdrawn before the closure of the written procedure (R370.9(b) RoP UPC).
  • Settlement at the Patent Mediation and Arbitration Centre: 65% are reimbursed if the case is settled at the Centre before the closure of the interim procedure (R370.9(c) RoP UPC).
  • Economic hardship: if the fees threaten the economic existence of a party that is not a natural person, the Court may reimburse them in whole or in part (R370.10 RoP UPC); natural persons, for their part, are covered by legal aid (R375 RoP UPC).

Reimbursement requires a reasoned request (R370.11 RoP UPC), and the Court may reduce or refuse it having regard to the stage of the proceedings and the conduct of the party (R370.9(e) RoP UPC).

Payment

Fixed fees are paid when the relevant pleading is lodged, together with proof of payment (R371.1 and R371.2 RoP UPC). If payment is not made within the time limit set after an invitation from the Registry, a decision by default may be given (R16.5 RoP UPC).

In 2020, fees of €11,000 for an infringement action and €20,000 for a revocation action were expected: inflation did its work before the Court had even celebrated its third birthday.