(1) Where a party to a patent litigation case substantiates that the burden of the costs of the proceedings based on the full value in dispute would pose a substantial risk to their economic situation, the court may, upon motion by that party, order that such party’s obligation to pay court costs is to be proportionate to a part of the value in dispute as adjusted to their economic situation. This order has the effect that the beneficiary also has to pay the fees of his or her lawyer only in relation to this part of the value in dispute. Insofar as the costs of the proceedings are imposed on such party or the latter assumes these costs, the party is to reimburse the court costs paid by the opposing party and the fees of their lawyer only in relation to the part of the value in dispute. Where the extrajudicial costs are imposed on the opposing party or are assumed by that party, the beneficiary’s lawyer may recover his or her fees from the opposing party in relation to such value in dispute as applies to the latter.
(2) The motion referred to in subsection (1) may be declared before and recorded with the court registry. It is to be made before the court hearing on the merits. Thereafter it is admissible only where the court subsequently increases the presumed or assessed value in dispute. The opposing party is to be heard before a decision is taken on the motion.