In inter partes proceedings, when a party is
found to be the losing party, it must bear the costs advanced by
the winning party in the proceedings in question.
The procedures vary depending on the office involved. Before the
European Union IP Office (EUIPO), for example, decisions are issued
regarding costs in opposition, invalidity and revocation
proceedings, as well as all related procedures. In comparison, the
French IP office, the Institut national de la
propriété industrielle (INPI), rules on costs,
following a request from the parties, in revocation and invalidity
actions (as per Article L. 716-1-1 of the French IP Code), but not
in opposition proceedings.
When a decision is issued regarding costs, the winning party has
the right to claim reimbursement of costs from the losing party, as
provided by the decision. To do so, the winning party generally
contacts the opposing party, either directly or through its
representative, to demand payment. The losing
