CLR I C 3.2.1.A General

For a written description to be regarded as having been made available to the public, it suffices that it was possible for the public to gain knowledge of its content without any obligation of confidentiality restricting the use or dissemination of such knowledge. As to whether written information contained in a document has been made publicly available, it is generally necessary to establish all the facts: where did the documents turn up; under what circumstances were the documents made accessible to the public, and who constituted the public in the case in question; was there any explicit or implicit confidentiality agreement; and when (date or period of time) were said documents publicly available (T 526/12).

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Case Law Book: I Patentability

General Case Law