IP Cases & Articles

UPC: fee increases effective 01 January 2026

Unified Patent Court (UPC) fee amendments will enter into force on 01 January 2026. The amendments will apply to all applications and actions from that date.

Notable amendments include:

  1. 33% increase in fixed fees for primary Court of First Instance actions.
  2. 10% increase of the value-based fees before the Court of Appeal.
  3. Higher fixed-fees for evidence-related procedures.
  4. Introduction of a value-based fee for provisional measures and other applications.
  5. Adaptation of the scheme for reimbursement of court fees.
  6. Measures to limit the effects of the court fee amendments to SMEs.

The UPC has noted that the adjustment of the court fees is in line with inflation since 2016, when fees were first proposed. Respective provisions of the Rules of Procedure and the Guidelines on the determination of court fees will also be amended.

The Chairman of the Administrative Committee, Mr Johannes Karcher, commented that: “The decision is taking into account the principle of fair access to justice, an adequate contribution of the parties for the costs incurred by the court and the financial sustainability of the court aiming at self-financing by the end of the transitional period in 2030.”

The introduction of and increase in certain fees brings the UPC’s charging structure into closer alignment with that of many national courts. However, the UPC’s broad jurisdiction means that litigation at the UPC is still cost effective when compared to those national courts. Users of the UPC should carefully consider how the new fees may affect their filing strategies, with the new fee schedule to take effect imminently. If you have any questions, then please contact your D Young & Co representative for further information.

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