Article written by Mark Marfé and Ian Turner, Pinsent Masons.
UPC rule changes accompany fees hike and may impact patent strategies
Article written by Mark Marfé and Ian Turner, Pinsent Masons.
Businesses should consider how updated rules of procedure at the Unified Patent Court (UPC) might impact their patent strategies, experts have advised.
Mark Marfé and Ian Turner of Pinsent Masons were commenting after the updated rules came into force on 1 January 2026 alongside a new court fees structure, which includes an inflation-based rise in court fees but with reduced fees for SMEs.
Marfé said: “The UPC’s fixed court fees, which applied previously for patent infringement actions and counterclaims for infringement, actions for declarations of non-infringement and applications to determine damages, and actions for compensation for licences of right, have been increased by almost 33%. This is significant for court users, but the court made clear that this reflected the fact that the original fee proposals, which were in effect until this increase, had not been updated in line with inflation since they were prepared in 2016.”
“Of particular note for applicants is the fact that these fixed fees, in addition to the court’s value-based fee, will now also apply where patent owners seek provisional measures, such as preliminary injunctions, applications for preservation of evidence and orders for inspection of premises, as well as orders for freezing of assets, where the value of the action exceeds €500,000. This is an important change, reflecting perhaps the broad scope, particularly following rulings on the court’s long-arm jurisdiction, and the increasing use, of such measures before the UPC,” he said.
“However, the value-based fee will be waived for certain applications – for preservation of evidence; inspections; or freezing of assets – if an infringement action is pending at the UPC between the same parties and is based on the same patent,” Marfé added.