There are two specific instances (and these are the only two) in which a prior disclosure of the invention is not taken into consideration as part of the state of the art, viz. where the disclosure was due to, or in consequence of:[Art. 55(1); ]

(i)an evident abuse in relation to the applicant or their legal predecessor – e.g. the invention was derived from the applicant and disclosed against their wish; or[Art. 55(1)(a); ]

(ii)the display of the invention by the applicant or their legal predecessor at an officially recognised international exhibition as defined in Art. 55(1)(b).[Art. 55(1)(b); ]