Enabling disclosure of a prior-art document 

Subject-matter described in a document can only be regarded as having been made available to the public, and therefore as comprised in the state of the art pursuant to Art. 54(1), if the information given therein is sufficient to enable the skilled person, at the relevant date of the document (see G‑VI, 3), to practise the technical teaching which is the subject of the document, taking into account also the general knowledge at that time in the field (see T 26/85, T 206/83 and T 491/99).

Similarly, it is to be noted that a chemical compound, the name or formula of which is mentioned in a prior-art document, is not thereby considered as known, unless the information in the document, together, where appropriate, with knowledge generally available on the relevant date of the document, enables it to be prepared and separated or, for instance in the case of a product of nature, only to be separated.

Quick Navigation