Unified Patent Court Fees increase from 1 January 2026 - are you ready?

The Unified Patent Court (UPC) has announced significant revisions to its fee structure, which will take effect from 1 January 2026. 

These changes represent a substantial adjustment to the Court's fee regime since its establishment, with increases ranging from 30% to over 1,300% across various procedures. 

This article provides a comprehensive analysis of the revised fee structure, with particular focus on Court of First Instance (CFI) actions and appeals, highlighting the practical implications for patent litigants and their advisers.

Court of First Instance (CFI) Actions 

33% appears to be the magic figure applied by the UPC 

The fixed fees for many primary CFI actions will increase by 33% across the board.  For the most common CFI actions (infringement, revocation, counterclaims and provisional measures), this means that the fixed fee rises from €11,000 to €14,600. 

Associated CFI value-based fees, which vary according to the economic value of the dispute and are due for infringement actions and counterclaims for revocation, will also increase by approximately 33%. (As before, for actions valued up to and including €500,000, no additional value-based fee applies.) 

Significantly higher fixed fees for applications to preserve evidence/inspection/freeze assets 

The most dramatic CFI fee increases affect evidence-related procedures, each of which now requires a significantly increased fixed fee of €5,000. 

This applies to applications to preserve evidence and applications for inspection (each rising from €350, an extraordinary 1,329% increase) and also applications for orders to freeze assets (rising from €1,000, a 400% increase)

And new CFI fixed fees

In addition, new (but fairly low) fees have now been introduced for applications to enforce a decision (€1,300), requests to revoke an order to preserve evidence (€400) and requests to revoke an order for provisional measures (€400). 

Comment on increased court fees at CFI: 

Aside from the general 33% increase in court fees, the most striking aspect of the CFI fee revisions is the extraordinary increase in fees for evidence-related procedures at first instance. The 1,329% increase for applications to preserve evidence and orders for inspection transforms these from relatively modest €350 fees to substantial €5,000 charges. This dramatic escalation may reflect the Court's assessment that such applications require disproportionate judicial resources, or alternatively, may serve as a deterrent against potentially vexatious or speculative applications.

Appeals

Fixed fees also increase by a third - with some exceptions

The fixed fee structure for Appeals mirrors the 33% increase for first instance proceedings in many respects, but with some notable outliers:  

• For Appeals concerning revocation actions, the fixed fee will increase from €20,000 to €29,200, representing a 46% increase. For Appeals concerning counterclaims for revocation, previously the fixed fee was the same as the fee paid at the first instance - this now requires an additional 10% - so with the general 33% rise cumulatively this is a significant increase.   
• Appeals against an order relating to preserving evidence/inspection/freeze will involve a fixed fee increased from €3,000 to €4,000 - with an additional value-based fee now also being required (see below).
• Fixed fees for Applications for a rehearing will increase dramatically from €2,500 to €14,600, representing a 484% increase.

Some new fixed fees have been introduced for the following: challenges to a decision to reject an Appeal as inadmissible (€1,300), applications for suspensive effect (€1,300), and appeals against a decision on enforceability (€4,000). 

Value-based fees for Appeals increase even more 

Previously, value-based fees were the same for proceedings before the CFI and for Appeals.  This has now changed, with a new schedule of value-based fees introduced for Appeals.  

Under the changes, the increases in value-based fees for Appeals represent an increase of approximately 45%.  This increase is significantly higher than the 33% increase applicable to first instance value-based fees. Interestingly, there is an outlier in the value-based fees, with a lower increase of 39% for those appeals with a value between €5m-€10m. 

Examples of the increased value-based fees for appeals are an increase from €26,000 to €37,800 for an appeal with a value between €4-€5m to an increase from €325,000 to €473,300 for an appeal with a value over €50m. 

New value-based fees for some Appeals  

New value-based court fees are now required for some Appeals that previously did not incur these additional fees, potentially increasing significantly the court fees due for these Appeals. 

These are appeals against a provisional measures order (these already having a 33% increase in the fixed fee, as discussed above) and appeals against an order relating to preserving evidence/inspection/freeze (these already having a 67% increase in the fixed fee, as discussed above).  

Comment on increased court fees at Appeal: 

It is likely that the new fixed and value-based fees have been introduced by the UPC to address procedural gaps in the previous fee structure and may reflect the Court's experience with the frequency and resource intensity of these applications.

Key Issues and Considerations

Comparative Analysis

The UPC fee structure, even after these increases, remains competitive when compared to the cumulative costs of parallel national patent litigation across multiple European jurisdictions. However, the increases do narrow this cost advantage, particularly for lower-value disputes and for parties seeking ancillary relief such as evidence preservation orders.

The UPC's fee structure, with its use of value-based fees for higher-value disputes, is similar to other specialised intellectual property courts, such as the Patents Court in England and Wales or the Bundespatentgericht in Germany. The introduction of fees for previously uncharged procedures brings the UPC more closely into alignment with those national court systems where comprehensive fee schedules are the norm.

Practical Implications

Budgeting and Cost-Benefit Analysis

Patent litigants and their advisers should recalibrate their cost-benefit analyses for UPC proceedings, with an increase of at least 33% in court fees.  For a typical infringement action valued at €2,000,000, the total court fees (fixed plus value-based) will increase from €24,000 to €31,800—a €7,800 increase. For higher-value disputes exceeding €50,000,000, the total first instance fees will rise from €336,000 to €444,900.

On appeal, the increases are more pronounced, with an increase of around 43% in court fees. An appeal concerning a €10,000,000 dispute will see total fees increase from €76,000 to €108,300, representing a €32,300 increase.

Strategic Considerations

The substantial court fee increases in evidence-related procedures may influence litigation strategy. Parties may need to evaluate more carefully whether applications to preserve evidence or for inspection orders are truly necessary, given the tenfold increase in associated fees.

The newly introduced fees for enforcement applications and challenges to inadmissibility decisions add layers of cost that must be factored into enforcement strategies and procedural planning.

Transitional Planning

For matters that could be commenced before or after 1 January 2026, the fee differential may influence timing decisions. However, such considerations should be balanced against substantive strategic factors, including the readiness of the case and the risk of limitation periods expiring.

Compliance Requirements

Parties must ensure that their finance and litigation management systems are updated to reflect the new fee structure. Failure to pay the correct fees may result in procedural complications, including potential inadmissibility of applications.

Call to Action

Patent litigants, in-house counsel, and litigation funders should review their UPC litigation budgets and strategies in light of these fee changes. Particular attention should be paid to:

• Updating cost estimates for pending and prospective UPC proceedings
• Reassessing the cost-benefit analysis for evidence preservation applications
• Incorporating the newly introduced fees into procedural planning
• Considering timing strategies for matters that could be commenced before or after 1 January 2026

Conclusion

Since its inception, the UPC has operated with a fee structure designed to balance accessibility with the need to fund a sophisticated pan-European patent litigation system. The forthcoming fee revisions reflect the Court's evolving operational requirements and the increasing demand for its services.

The UPC fee increases taking effect from 1 January 2026 represent a significant development in the Court's evolution. Whilst the 33% increase in core fixed fees for CFI actions and appeals is substantial, the UPC holds that this is proportionate to general inflation and the Court's operational requirements. However, the extraordinary increases in evidence-related procedures and the introduction of new fees for previously uncharged applications will require careful attention from practitioners.

The differential between first instance and appeal fee increases, particularly the 46% increase in value-based fees on appeal compared to 33% at first instance, signals a clear policy preference for first instance resolution. This may influence settlement dynamics and appeal strategies in the coming years.

For patent litigants, these changes necessitate updated cost projections and may influence forum selection decisions, particularly for lower-value disputes or cases where extensive evidence preservation measures may be required. Nevertheless, the UPC's centralised pan-European jurisdiction continues to offer significant advantages over fragmented national litigation, even with the revised fee structure.

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For further guidance on navigating the revised UPC fee structure and its implications for your patent litigation strategy, please contact your usual contact in Bird & Bird's Intellectual Property litigation team or email us on upc@twobirds.com.

This analysis has been prepared by legal professionals with extensive experience in patent litigation and UPC proceedings. Our team advises multinational corporations, research institutions, and innovative businesses on all aspects of patent protection and enforcement across European jurisdictions.