UPC Court of Appeal: Cost Reimbursement

If a claimant files an action for revocation without the patent proprietor having given cause for the action, and the patent proprietor waives the patent immediately at the start of the proceedings, an exception may be made to the general rule of Art 69(1) UPCA, according to which the unsuccessful party bears the legal costs and other expenses of the successful party. To this end, it is usually necessary for the patent proprietor to not only declare the waiver within the time limit for responding to the revocation action but also to file a request for revocation of the patent in accordance with Art 105a EPC with the EPO and pay the required fee (UPC 26. 3. 2025, CoA 290/2024).