T 0830/90 (Secrecy agreement) of 23.07.1993
- European Case Law Identifier
- ECLI:EP:BA:1993:T083090.19930723
- Date of decision
- 23 July 1993
- Case number
- T 0830/90
- Petition for review of
- -
- Application number
- 85104769.6
- IPC class
- B63B 11/02
- Language of proceedings
- German
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- -
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- Vorrichtung zum Verfahren von Querwänden auf Schiffen
- Applicant name
- Macor Marine Systems
- Opponent name
- Kvaerner Brug
- Board
- 3.2.01
- Headnote
1. A secrecy agreement which rules out availability to the public does not necessarily have to be a contract made in writing.
2. The content of a business meeting is not deemed to have been made available to the public within the meaning of Article 54(2) EPC if the parties concerned understood it to be secret and no breach of secrecy has been established.
3. An understanding of this kind may be reached at a business meeting in the context of a joint technical development if the parties are assumed to have parallel interests and if there is a secrecy proviso agreed verbally and based on a stamp on a drawing.
- Relevant legal provisions
- European Patent Convention Art 114(1) 1973European Patent Convention Art 54(2) 1973
- Keywords
- Novelty (yes)
Prior public use
Availability to the public ruled out by secrecy agreement between business partners (yes)
Inventive step (yes)
Board's limited duty to examine on the withdrawal of one of the parties from the proceedings - Catchword
- -
- Cited cases
- -
ORDER
For these reasons it is decided that:
1. The contested decision is set aside.
2. The patent is maintained as granted.