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Guidelines for Examination in the EPO

Guidelines for Examination - Table of Contents  
PART B GUIDELINES FOR SEARCH PART A PART C  
CHAPTER VI THE STATE OF THE ART CHAPTER V PRECLASSIFICATION (ROUTING) AND OFFICIAL CLASSIFICATION OF EUROPEAN PATENT APPLICATIONS CHAPTER VII UNITY OF INVENTION  
2. State of the art oral disclosure, etc. 1. General 3. Priority  


2.

State of the art - oral disclosure, etc.

 

According to Rule 33.1(a) and (b) PCT, oral disclosure, use, exhibition, etc. are recognised as prior art only when this is substantiated by a written disclosure. In contrast, according to Art. 54 EPC, a public oral description, use, etc. is considered as prior art. However, the examiner, in carrying out a European search, should cite an oral description, etc. as prior art only if he has available a written confirmation or is otherwise convinced that the facts can be proved. Such references to oral disclosure, prior public use, disclosure by sale, etc. are more usually brought up by opponents in opposition proceedings (see D-V, 3).

 


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