2025-03-26 - CoA - Stäubli v. Anonymisiert (vertr. Christoph BARTELS) - UPC_CoA_290/2024

1. An exception to the general rule of Art. 69 (1) UPCA that the unsuccessful party must bear the reasonable and proportionate legal costs and other expenses incurred by the successful party may apply if a claimant files a revocation action without the patent holder having given rise to the action and the patent holder surrenders the patent immediately at the beginning of the proceedings. 2. For this rule to apply, it is generally necessary that within the time limit for filing a defence to revocation not only the patent holder surrenders the patent but within the same time period also files a request for revocation of the patent pursuant to Art. 105a EPC with the European Patent Office and pays the required fee within that time period.

With this order, the Court of Appeal upheld an order in which the costs for a revocation action had to be paid by the plaintiff following a no need to adjucate decision (Rule 360). In the case at hand, the patentee had immediately surrendered their patent and filed a request for revocation with the EPO.