UPC CoA 796/2025

Court of Appeal dismissed Bodycap's appeal against the EPO's decision to reject the request for unitary effect. The CoA held that the application to annul the EPO's decision was groundless: the one-month period to correct deficiencies in a request for unitary effect (R.7(3) UPR) is non-extendable and expressly excluded from re-establishment of rights under R.22(6) UPR. Furthermore, interlocutory revision by the EPO (R.91 RoP) was excluded because the action under R.97 RoP constitutes an expedited action falling under the exception in R.85(2) RoP.

French-language signed version of the Court of Appeal's decision in Bodycap v. EPO. Identical in substance to the English version: Bodycap's appeal was dismissed as groundless. The EPO's rejection of the unitary effect request was upheld because the one-month correction period is non-extendable and re-establishment of rights is excluded by R.22(6) UPR.