Rules of Procedure of the Unified Patent Court (RoP)

Rule 58

Value-based fee for the dispute (including the Counterclaim for infringement)

1. The value of the dispute including the Counterclaim for infringement shall be determined by the judge-rapporteur where the said value is assessed by one or both parties to exceed the value of the revocation action by more than [EUR***] by way of an order at the interim conference.

2. Where the value of the dispute including the Counterclaim for infringement exceeds the value of the revocation action as agreed or ordered by the judge-rapporteur, the defendant shall pay a value-based fee for the excess in accordance with Part 6 [Rules 370, 2(b\) and 371.4 ].

Notes

Status: 15th draft of 31st May 2013