UPC_CoA_796/2025

BIOTELEMETRY DEVICE THAT CAN BE INGESTED AND IMPLANTED IN VIVO

AppealsMain AppealCourt of AppealAppealCase Closed

Overview Decisions Citations Documents Timeline

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