This development is rooted in the UPC’s unique financial structure. Unlike the European Court of Justice (ECJ), the UPC is not a standard EU institution funded by the general EU budget or subsidies. Instead, the court is obligated to become largely self-sufficient, with court fees intended to cover its substantial operational costs, including the remuneration of its judges and staff. The forthcoming increases are a strategic move to boost the court’s income and strengthen its financial independence.

The overall cost for litigation is rising substantially.

Key changes effective 1 January 2026 :

1. First instance actions : The fixed fee for primary Court of First Instance (CFI) actions, including infringement and revocation actions, will increase by approximately 33%. The fixed fee for these common actions is rising from €11,000 to €14,600. Value-based fees at the CFI also see a similar 33% increase.
2. Evidence Procedures : The most startling changes are for ancillary relief. Fixed fees for applications to preserve evidence or for inspection orders will jump from €350 to €5,000. In addition, a value-based fee will become due unless proceedings on the merits are pending between the parties.
3. Appeals Cost More : Value-based fees on appeal will increase by around 45%. Furthermore, applications for a rehearing are increasing from €2,500 to €14,600.
4. Introduction of value-based fees for provisional measures : Until now, applications for provisional measures were subject to fixed fees only. Reasoning the provisional measures provide almost the same benefit to the applicant as main proceedings and often lead to a settlement, the UPC will now apply value-based fees to provisional measures as well. According to the Guidelines, the value will be considered to be 2/3 of the value of the proceedings on the merits.

Practical Implications :

While the amendments make litigation at the UPC altogether more costly, the UPC’s fees remain moderate compared to other jurisdictions, namely the US, while covering a larger market. In addition, the increased costs associated with evidence procedures are likely to prevent an abuse of these legal tools. In an attempt to level the playing field, the UPC has also increased the reduction given to SMEs, from 40% to 50%.

Our advice :

• - Update all UPC litigation budgets and cost-benefit analyses.
• - Consider the option of conducting the French infringement seizure tool for inspection orders.
• - Consider transitional planning for cases that can be filed before the January 1, 2026 deadline to secure the current fee structure.

Casalonga may guide you through these changes and ensure your patent enforcement strategy remains robust and cost-effective. Contact our UPC team to discuss how the new fee schedule impacts your current and future litigation.

Traduction en cours