Chapter IV – State of the art
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  7. 7. State of the art made available to the public "by means of a written or oral description, by use, or in any other way"
  8. 7.1 Types of use and instances of state of the art made available in any other way
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7. State of the art made available to the public "by means of a written or oral description, by use, or in any other way"

Overview

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

Use can take the form of producing, offering, marketing or otherwise exploiting a product, of offering or marketing a process or its application or of applying the process. Marketing can take the form, for example, of a sale or exchange.

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

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

Instances of public prior use or availability in any other way will typically be invoked in opposition proceedings. While possible, they will rarely be an issue in examination proceedings.

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