The Unified Patent Court (UPC) is set to introduce a substantial revision of its Table of Court Fees, applying to all new proceedings filed from 1 January 2026.
These changes, adopted by the Administrative Committee, go far beyond routine inflation adjustments: they impose dramatic percentage increases in key areas and create a sharper financial differentiation between first-instance proceedings and appeals. Patent litigants should urgently reassess their budgeting and procedural strategies to prepare for the new cost regime.
I. First Instance (CFI) Fee Changes: The 33% Baseline
The fixed fee for the most common actions before the Court of First Instance (CFI) will rise by approximately 33%.
| UPC CFI Action | Current Fixed Fee | New Fixed Fee (Jan 2026) | Percentage Increase |
|---|---|---|---|
| Infringement, Revocation, Counterclaims, Provisional Measures | €11,000 | €14,600 | 33% |
| Associated Value-Based Fees (for disputes over €500k) | Varies | Varies | ~33% |
Strategic Alert: Evidence-Related Fees Surge
The most striking increases affect evidence-related applications, reflecting either the unusually high judicial resources required or a policy intent to curb speculative filings:
| Application Type | Current Fee | New Fee (Jan 2026) | Percentage Increase |
|---|---|---|---|
| Preserve Evidence / Inspection Order | €350 | €5,000 | 1,329% |
| Order to Freeze Assets | €1,000 | €5,000 | 400% |
This near tenfold jump for evidence-preservation requests will have a significant impact on pre-action planning.
II. Appeals: Higher Costs Signal a Policy Shift
The new fee structure places a materially higher financial burden on appellate proceedings, reinforcing the UPC’s policy preference for resolving disputes at first instance.
Fixed Fee Increases
While many appeal fees rise by the standard ~33%, several critical applications increase far more steeply:
- Appeal concerning Revocation: €20,000 → €29,200 (+46%)
- Application for Rehearing: €2,500 → €14,600 (+484%)
Higher Value-Based Fees
The value-based schedule for appeals is now distinct from that of the CFI and increases by 45%, significantly above the CFI’s ~33% uplift.
New Value-Based Requirements
Several appeals that previously attracted only a fixed fee will now also trigger a substantial value-based fee, including:
- Appeals against provisional-measures orders.
- Appeals against evidence-preservation or freeze orders.
III. Practical Action Points for Litigants
1. Budget Recalibration
Expect core CFI fees to rise by at least 33%. In high-value matters escalated to the Court of Appeal, total court fees may increase by 40% or more.
2. Evidence Strategy Reassessment
The 1,329% increase for inspection and evidence-preservation applications means these tools should be reserved for situations where they are genuinely essential. The new costs will deter routine or speculative use.
3. Transitional Planning
For disputes currently in preparation, Secerna advises evaluating the benefits of filing before 1 January 2026 to take advantage of the existing fee structure, balanced against the procedural readiness of the case.
4. SME Impact
Although the press release refers to measures intended to shield SMEs, the substantial rise in certain fixed fees may still disproportionately burden smaller entities, particularly those requiring ancillary relief.
Conclusion
The UPC remains a powerful and efficient forum for pan-European patent litigation. However, the upcoming financial revisions are significant and require immediate attention. Litigants should reassess their cost models and strategy planning now to avoid unexpected financial exposure in 2026 and beyond.