UPC CoA 796/2025

At the UPC: Bodycap (3 cases)·EPO (5 cases)

• 2025-09-16
  Action against the decision of the EPO (RoP97)Public

  Summary: 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.

  Show the legal issues (4)

  • Action to annul EPO decision rejecting unitary effect request (R.97 RoP)
  • Non-extendable period for correcting deficiencies in unitary effect request (R.7(3) UPR)
  • Exclusion of re-establishment of rights (R.22(6) UPR)
  • Interlocutory revision by EPO excluded (R.85(2), R.91 RoP)