Disclosures on the internet are generally regarded as part of the state of the art within the meaning of Art. 54(2) EPC. Information disclosed on the internet or in online databases is considered to be publicly available as of the date it was publicly posted (Guidelines G‑IV, 7.5 – November 2018 version).
The appropriate standard of proof for internet disclosures is the balance of probabilities (T 286/10, T 2227/11).
See also chapter III.G.4.2.3 "Archives and internet publications".
Source: http://www.epo.org/law-practice/legal-texts/html/caselaw/2019/e/clr_i_c_3_2_3_a.htm
Date retrieved: 17 May 2021