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Guidelines for Examination

 
 

7.1 Types of use and instances of state of the art made available in any other way

Use may be constituted by producing, offering, marketing or otherwise exploiting a product, or by offering or marketing a process or its application or by applying the process. Marketing may be effected, for example, by sale or exchange.

The state of the art may also be made available to the public in other ways, as for example by demonstrating an object or process in specialist training courses or on television.

Availability to the public in any other way also includes all possibilities which technological progress may subsequently offer of making available the aspect of the state of the art concerned.

Instances of public prior use or availability in any other way will typically be raised in opposition proceedings. While they may arise in examination, they are so rare that the following guidelines are addressed to opposition divisions.