Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Jun 29, 2026
The unconditional conversion of an independent counterclaim into a conditional counterclaim, which depends on the occurrence of an intra-procedural condition (a finding of patent infringement by the court), is a…
Read more →Jun 15, 2026
In principle, a party is always entitled to be represented jointly by a lawyer and a patent attorney before the UPC, i.e. by two representatives, Art 48(4) UPCA. An appeal procedure under R 220.2 RoP on a specific…
Read more →May 25, 2026
R 370.9 lit b RoP was amended with effect from 1 January 2026 and now provides for a refund of court fees of 50% if an action is withdrawn before the conclusion of the written procedure, instead of the previous 60%. The…
Read more →Following the dismissal of the application for a preliminary injunction, the Brussels Local Division ordered the plaintiff to pay EUR 112,000 to the defendant as reimbursement of costs. A provisional costs award can…
Read more →If the Court of Appeal has made a decision on costs in the proceedings for the ordering of interim measures in accordance with R 242.1 RoP, an application for the assessment of costs in accordance with R 151 RoP is also…
Read more →Even if a strict literal interpretation of R 150 et seq. RoP does not necessarily suggest this, these provisions can apply to a costs decision after the dismissal of an application for a preliminary injunction,…
Read more →If a party bases its argument regarding the necessity and urgency exclusively or at least primarily on a single event or time window in which a patent infringement allegedly occurs – such as a trade fair or, as in the…
Read more →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…
Read more →Aug 2, 2024
This decision concerns a procedural order of the Court of Appeal regarding the appeal fee for an appeal on the order to bear the costs of the proceedings. Pursuant to Rule 360 of the Rules of Procedure, the order of the…
Read more →May 16, 2018
The text on the basis of which the application is granted or the patent is maintained in a decision or an interlocutory decision must be the one submitted or approved by the applicant or patent proprietor within the…
Read more →The Austrian Parliament has enacted the Budget Framework Act shortly before the end of the year. Part of the Budget Framework Act was also an amendment to the Patent Office Fees Act. As part of this change, the…
Read more →Amendment of the Patent Office Fees Act In Austria, an amendment regarding the official fees to be paid at the Patent Office has come into force on January 1, 2010; this amendment particularly concerns patents and…
Read more →Apr 1, 2009
The Office for Harmonization in the Internal Market (OHIM) will decrease its fees considerably as of May 1, 2009. In view of this reduction of OHIM fees, we will decrease our attorneys fees accordingly, resulting in a…
Read more →Already in 2008, the fee structure of the European Patent Office was changed. On April 1, 2009, a new fee structure will become effective as concerns European patent applications (European divisional applications…
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