Legal costs
Agreement On A Unified Patent Court
Part 3 – Organisation and Procedural Provisions
Chapter 4 – Powers Of The Court
Article 69 – Legal costs
- Reasonable and proportionate legal costs and other expenses incurred by the successful party shall, as a general rule, be borne by the unsuccessful party, unless equity requires otherwise, up to a ceiling set in accordance with the Rules of Procedure.
- Where a party succeeds only in part or in exceptional circumstances, the Court may order that costs be apportioned equitably or that the parties bear their own costs.
- A party should bear any unnecessary costs it has caused the Court or another party.
- At the request of the defendant, the Court may order the applicant to provide adequate security for the legal costs and other expenses incurred by the defendant which the applicant may be liable to bear, in particular in the cases referred to in Articles 59 to 62.
Articles linking to this article:
Article 66 – Powers of the Court concerning decisions of the European Patent Office
Statute linking to this article:
Rules linking to this article:
Rule 10 – Stages of the proceedings (inter partes proceedings)
Rule 118 – Decision on the merits
Rule 140 – Further procedure (Application for the determination of damages)
Rule 157 – Appeal against the cost decision