Bodycap v EPO (UPC_CoA_796/2025)
Decision date:
16 September 2025
Osborne Clarke summary
- This Court of Appeal judgment follows a decision by the Milan CD in relation to a rare appeal against a refusal by the EPO to grant unitary effect to the applicants' patent concerning an ingestible biotelemetry device. The EPO had refused unitary effect after the applicants supplied an incorrect address for the University of Rennes, which the applicants failed to correct within the 30-day period granted by the EPO. The applicants appealed to the Court of Appeal.
- The Court of Appeal noted that the one-month period to correct the deficiencies in this case was non-extendable. Failure to observe a time limit at the EPO may, in certain circumstances, be the subject of a request for re-establishment of rights under Rule 22 of Rules relating to Unitary Patent Protection. However, Rule 22(6) expressly excludes this one-month period referred to in Rule 7(3) and, as such, applicants who have not complied with this time period cannot have their rights reinstated, regardless of the reasons for failing to observe the time limit.
- Accordingly, the Court of Appeal held that the Milan CD was right to dismiss the application to annul the EPO's decision.
Issue
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