CLR I C 3.4.6 Presenting the product in writing

In T 541/92 a sub-contractor had given sketches of a device to its client. In the board's view this constituted an obligation to maintain secrecy. It was standard practice for clients and their subcontractors to keep their projects secret, and allegations to the contrary required convincing proof. Likewise in T 887/90 the obligation to maintain secrecy was derived from the circumstances.

CLR I C 3.4.5 Demonstrating products for presentation purposes

In T 634/91 the claimed prior public use consisted of the presentation of a circular saw at an opponent's place of business during a meeting between the patent proprietor and a potential buyer. Without elucidating further, but referring to the decision in T 830/90 (OJ 1994, 713), the board held that such talks constituted a tacit understanding to maintain secrecy.

CLR I C 3.4.4 Commercial inter-relationships and interests

In the following cases, the boards found that there was an (implicit) obligation to maintain secrecy:

In T 1085/92 the board took the view that, where contractual relations and development agreements existed, a secrecy agreement could be assumed to exist.

CLR I C 3.4.3 Distribution of prospectuses, technical descriptions

In T 173/83 (OJ 1987, 465) and T 958/91 the board held that a technical description sent out to clients could not be regarded as secret information.

CLR I C 3.4.2 Parts for serial production

CLR I C 3.4.1 General

CLR I C 3.4 Obligation to maintain secrecy

3.4.1 General

3.4.2 Parts for serial production

3.4.3 Distribution of prospectuses, technical descriptions

3.4.4 Commercial inter-relationships and interests

CLR I C 3.3.4 Public library

CLR I C 3.3.3 A limited circle of people

CLR I C 3.3.2 Making available to a person not skilled in the art

In T 953/90 and T 969/90 the boards pointed out that information has been made public even if the sale was made to a person not skilled in the art.