Chapter IV – Prior art
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6. Prior art made available to the public anywhere in the world by non-written disclosure

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6. Prior art made available to the public anywhere in the world by non-written disclosure 

A non-written disclosure is not considered part of the prior art for the purposes of Art. 33(2) and (3) if the date of that non-written disclosure is indicated in a written disclosure which has been made available to the public on or after the relevant date of the application (i.e. on or after the international filing date or, if a priority has been validly claimed, the earliest priority date).

However, the EPO as PCT authority takes into account disclosures that can be considered "print equivalent" (see G‑IV, 6.4) or that are otherwise captured in a way which allows them to be seen or copied by others and to ascertain the date on which they were made available to the public, such as, for example, multimedia disclosures (videos) available on the internet.

Rule 33.1(b),
Rule 64.2
GL/ISPE 11.22

6.1 Types of non-written disclosure, in particular use, and instances of prior art made available in any other way
6.2 Matters to be determined as regards use
6.3 Prior art made available by means of oral description
6.4 Internet disclosures
6.5 Standards and standard preparatory documents
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