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"
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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. 7.2 Matters to be determined by the division as regards prior use
  9. 7.2.3 Use on non-public property
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7.2 Matters to be determined by the division as regards prior use

Overview

7.2.3 Use on non-public property 

As a general rule, use on non-public property, for example in factories and barracks, is not considered as use made available to the public, because company employees and soldiers are usually bound to secrecy, save in cases where the objects or processes used are exhibited, explained or shown to the public in these places, or where specialists not bound to secrecy are able to recognise their essential features from the outside. "Non-public property" clearly does not cover the premises of a third party to whom the object in question was unconditionally sold or the place where the public could see the object in question or ascertain its features (see the examples in G‑IV, 7.2.1 above).

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