Making available to the public may occur by means of an oral disclosure, use, exhibition or other non-written means. Use may be constituted by producing, offering, marketing or otherwise exploiting a product, or by offering or marketing a process or its application or by applying the process. Marketing may be effected, for example, by sale or exchange.
Prior art may also be made available to the public in other ways, as for example by demonstrating an object or process in specialist training courses or on television.
Availability to the public in any other way also includes all possibilities which technological progress may subsequently offer of making available the aspect of the prior art concerned.
It should be borne in mind that for the purposes of the international search and the international preliminary examination a non-written disclosure is to be considered part of the prior art for the purposes of Art. 33(2) and (3) only if its content is confirmed by a written disclosure that was made available to the public earlier than the relevant date as defined by Rule 64.1(b).