UPC Local Division: Procedural Decision: Reasonable Costs of Representation, Recoverable Costs
June 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 procedural issue, however, does not require the involvement of more than one representative, R 151.1 RoP. The cap on recoverable costs of representation cannot be used for the assessment of costs in appeal proceedings under R 220.2 RoP on partial procedural issues. A party to a dispute must always be allowed to participate in an oral hearing of the UPC with at least one natural person and to generate corresponding travel costs. Even if a party is successful in proceedings for the assessment of costs under R 150 RoP, it must generally bear its own costs incurred in the cost proceedings (LD Hamburg 5.1.2026,CFI 730/2025).