"A document is made available to the public in the sense of article 54(2) EPC if all interested parties have an opportunity of gaining knowledge of the content of the document for their own purposes, even if they do not have a right to disseminate it to third parties, provided these third parties would be able to obtain knowledge of the content of the document by purchasing it for themselves.

In relation to the two requirements stated in T 300/86 for something to be considered as being made available to the public, namely that

(i) all the interested parties must have the opportunity of gaining knowledge of the content of the document,

(ii) however unrestricted by contractual or other legal restrictions on use or dissemination of the information therein

this Board considers that only the first is acceptable, but that the second requirement is too broadly formulated, and not justified by the phrase "made available to the public" in Article 54(2) EPC.

The Board sees the essence of the requirement in Article 54 EPC 'being made available to the public' as the information being available to any interested person, who having once obtained the information should then be free to exploit the information for his own purposes in an industrial application. It is not necessary that this information be supplied free of charge, or that the recipient should be entitled to disseminate it to all and sundry, provided others can obtain the information for themselves from the original source" (cf. points 2.5.2 and 2.5.3).