Once the dispute has been resolved, the bill remains to be settled: who pays the costs of the proceedings? This should not be confused with the determination of damages (the compensation due to the patent proprietor): here, we are dealing with the costs of the proceedings — fees, expenses — that the losing party must reimburse to the winning party.
The principle: costs borne by the losing party
Reasonable and proportionate legal costs, as well as other expenses incurred by the winning party, are in principle borne by the losing party (Article 69 of the UPC Agreement). The judge may, however, adjust this rule, particularly when each party is partially unsuccessful or for reasons of equity.
Cost ceilings
Reimbursement is not unlimited: it is capped according to a scale linked to the value of the dispute, set by the Administrative Committee (Article 69 of the UPC Agreement). The losing party therefore does not have to cover the entirety of the opponent’s fees — which can sometimes be exorbitant.
The determination procedure
The determination of costs is the subject of a separate procedure, following the decision on the merits (Rules 150 to 156 of the Rules of Procedure): the winning party submits a request for a decision on costs, quantified and justified; the opposing party may contest it; the judge-rapporteur (or a registrar-rapporteur) then rules on the amount.
This decision on costs may itself be subject to review and subsequently to appeal — a reminder that at the UPC, even the bill for costs can be litigated.