Unified European Patent Court: Costs of Litigation

von Dr. Meyer-Dulheuer & Partners LLP

From 2016 there shall be a new EU-wide method of applying for patents: We’re talking about the new EU unitary patent that has been an object of controversial discussions for a long time now. At the same time the establishment of the so-called unified patent court has been planned. We’ve already informed you about the costs of the new unitary patent here. Today we want to report on the new court in general and on the costs for filing patent lawsuits there.

One Court for All European Patents

The new court will be responsible for all European patents that have been filed at the moment of its creation. It’s also responsible for the batch patents that have existed up until now and will continue to exist even after the new patent’s implementation. The unified patent court will consist of a Court of First Instance with its central chamber in Paris and two branch offices in London and Munich, an appeals court based in Luxembourg, a chancellery and several regional chambers as well.

The lawsuits processed at the unified patent court shall replace the present method of processing patent lawsuits at individual national courts. So, finally, the unified patent court will enable patent owners to enforce their European patents in one single lawsuit. The corresponding court judgements will be valid for the whole EU. Thus the previous costs and efforts required for processing patent lawsuits at single national courts will be pared down.

The Costs of Patent Litigations at the Unified Patent Court

Everybody who wants to file a lawsuit at the new court will have to pay certain fees. These are comprised of a fixed fee that depends on the respective lawsuit and an additional fee that is calculated on the basis of the litigation value ...

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