Bodycap v EPO (CFI, 6 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 6 August 2025 (UPC_CFI_628/2025), the standing judge of the Milan Central Division (Judge Postiglione, sitting alone under Rule 97.4 RoP and Article 19 of the Statute) dismissed the action brought by Bodycap, CNRS and Université de Rennes against the EPO decision of 17 June 2025 refusing unitary effect for EP 3 691 518. The address of the third proprietor was incorrect and the correction requested by the EPO was filed four days late. The order is a reminder of how strict the time limits in the unitary effect procedure are.

Question

Can a request for unitary effect that gives an outdated address for a co-proprietor be saved where the correction is filed a few days after the one-month period set by the EPO?

Decision

The action is admissible, but rectification under Rule 91 RoP is refused, since Rule 85(2) RoP excludes it in the accelerated procedure under Rule 97(1) RoP (paragraphs 20 and 21). On the merits, each proprietor’s address must be stated precisely, without third parties having to interpret it, for reasons of legal certainty (paragraphs 26 to 29 and 33). Université de Rennes, created by decree in 2022, is a legal person distinct from the former Université de Rennes-I: the address given was incorrect and the EPO was entitled to invite its correction (paragraphs 34 to 39). The one-month period under Rule 7.3 of the Rules relating to Unitary Patent Protection cannot be extended and re-establishment of rights is excluded. The argument that the delay was only a few days is rejected, the time limit having been clearly stated (paragraphs 42 to 47). Each party bears its own costs (Rule 98 RoP).

Key points for practice

• Practical point: before filing a request for unitary effect, check the current name and address of every co-proprietor, an invitation to correct must be answered within the month, with no margin.

Provisions applied

Agreement on a Unified Patent Court

Arts 8(6) and 32(1)(i), Statute, Art. 19

Rules of Procedure

Rules 85.2, 91, 97 and 98

European Patent Convention

Rule 41(2)(c) of the Implementing Regulations

Other provisions

Regulation (EU) No 1257/2012, Art. 9, Rules relating to Unitary Patent Protection, Rules 6.2, 7.3, 22.6 and 24.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.