In many cases the ability to recognise a technical teaching such as the internal structure or composition of a product in prior use presupposes analysis of the product embodying this technical teaching. Whether it is technically feasible to analyse a product that is available on the open market is an issue that the boards have considered on a number of occasions.

In T 84/83 a new type of wide-angle mirror had been fitted to a motor vehicle for demonstration purposes for at least six months. The board held this to constitute prior public use as, during such a time, the vehicle could be expected to be parked on public highways and hence open to inspection by third parties.

Both T 1553/06 and T 2/09 dealt with the question of the public availability of documents saved on the World Wide Web. These two cases concerned test-cases. These two decisions were taken before T 286/10 (which established the law now applicable with respect to the standard of proof for internet publications).