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Overview · Filed: Aug 26, 2025

UPC_CoA_796/2025

BIOTELEMETRY DEVICE THAT CAN BE INGESTED AND IMPLANTED IN VIVO

AppealsMain AppealCourt of AppealAppealCase Closed
OverviewDecisionsCitationsDocumentsTimeline
Parties

Claimants

  • Bodycap
  • Centre National de la Recherche Scientifique (CNRS)
  • Université de Rennes
Reps: Geoffroy Cousin (FIDAL Innovation)

Respondents

  • European Patent Office (EPO)
Judges
  • Emmanuel Gougé
Patents
  • EP3691518
CPC codes: A61B5/0031, A61B5/0537, A61B5/0507, A61B5/073, A61B1/041, A61B5/07, A61B5/7225, A61B5/0538

Sector: Pharmaceutical & Medical

Outcome
Dismissed
Filed: Aug 26, 2025
First decided: Sep 16, 2025
Language: French

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.

Open on UPC Registry