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No cost repayment when patent voluntarily revoked, says UPC Appeal Court

( March 27, 2025, 09:24 GMT | Official Statement) -- MLex Summary: Stäubli Tec-Systems GmbH must bear its own legal costs in the revocation proceedings against the former holders of European patent 3,170,639, ruled the Unified Patent Court's appellate board. The court applied an exception to the general cost rule in Article 69 (1) of the UPC Agreement, stating that a revocation claimant should not recover costs if the patent holder promptly surrenders the patent at the start of proceedings without provocation. The judges found that the former patent holders had not asserted their patent against Stäubli before the lawsuit and had surrendered it shortly after the case was filed. Since the surrender met the requirements under Article 105a of the European Patent Convention within the procedural deadline, the court deemed cost-shifting inappropriate.See court document attached....

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