T 0055/01 (Satellite broadcast recording/SONY) of 11.02.2003

Inventive step (no)
Public availability of mass-produced consumer goods (TV- receivers)

Televisions are mass-produced consumer products which are rapidly distributed to the market without any obligation of confidentiality. According to general experience, it seems highly implausible that such goods, whilst being mass- produced, accumulate at some hidden location. Under these circumstances no further evidence is necessary to prove that the televisions were actually sold to specified customers and that the handbook accompanying the televisions was made available to the public in a period of about four months between their established production date and the priority date of the patent in suit, thereby taking into account that events on the mass market such as the appearance of new television products are readily accessible to everybody, in particular to competitors, who will normally observe the market carefully. Hence, the standard of proof of balance of probabilities applies in cases such as this (as distinguished from T 472/92) (see point 4.1 of the reasons).