1. Unitary Patent and UPC fees József Tálas

2. Unitary Patent Fees AIPLA commented on original in March Revised proposal on 7 May 2015 True TOP 4 and true TOP 5 From year 2 onwards through to year 20 True TOP 5 offers 25% reduction for SMEs from years 2 to 10

3. Unitary Patent Fees comparison Fees payable over 20 years TOP 4 - €37,995 True TOP 4 – €35,555 TOP 5 – €43,625 True TOP 5 – €41,955 EPO internal – €23,855 25 Member States – €158,621

4. Unitary Patent Fees No decision at latest Select Committee meeting on 26-27 May “some member States [are] not yet able to take a concrete position on these proposals” Next meeting to be held on 23-24 June

5. Unified Patent Court Fees Public consultation on fee structure for the Unified Patent Court Deadline 31 July www.unified-patent-court.org

6. Unified Patent Court Fees Alternative proposal for exemption and/or reimbursement system for incorporating Article 36 (3) of UPC Agreement into Rules of Procedure Only one fee level

7. Unified Patent Court Fees Fixed fees and value-based fees for initiating a number of different proceedings Fixed fee: €11,000 (mainly) Value-based fee N/A if value ≤ €500k, otherwise: €500k < value ≤ €750k = €2,500 value > €30,000k = €220k

8. Unified Patent Court Fees How to calculate the value? Draft rule 370 (5) “shall reflect the objective interest pursued by the filing party at the time of filing the action” and “in deciding on the value, the Court shall in particular take into account the guidelines laid down in the decision of the Administrative Committee for this purpose”

9. Unified Patent Court Fees Some other fees: Opt-out €80 / patent Revocation €20,000 (no value) Provisional measure €11,000 (no value)

10. Unified Patent Court Fees Alternative options for incorporating Article 36 (3) of the UPC Agreement 1)Reimbursement depending on behaviour of parties (for anyone) OR 2)Exemption from value-based fee for SMEs PLUS: Reduced fee should amount of fees payable endanger economic existence of company

11. Unified Patent Court costs cap Only for costs of representation Based on value of proceeding Ceiling for recoverable costs of representation per instance and per party is €50,000 in cases up to €250,000 in value Highest amount of €3million in cases in excess of €50,000,000 in value

12. Thank you for your attention! jozsef.talas@sarandpartners.hu