GL-PCT G IV 6.5 Standards and standard preparatory documents

The principles as laid down in the Guidelines for Examination in the EPO (GL/EPO G‑IV, 7.6) apply mutatis mutandis.

GL-PCT G IV 6.4 Internet disclosures

As a matter of principle, disclosures on the internet form part of the prior art. Information disclosed on the internet or in online databases is considered to be publicly available as of the date the information was publicly posted. Internet websites often contain highly relevant technical information. Certain information may even be available only on the internet from such websites.

GL-PCT G IV 6.3 Prior art made available by means of oral description

If the prior art was made available to the public by an oral description before the relevant date (i.e. the date of filing of the application or, if applicable, the date of the earliest validly claimed priority) but a document which reproduces the oral description was only published on or after that relevant date, the ISR and the IPER draw attention to this non-written disclosure in the manner provided for in Rule 70.9 (Rules 33.1(b) and 64.2).[

GL-PCT G IV 6.2.5 Example of the inaccessibility of a process

The subject of the patent concerns a process for the manufacture of a product. As proof that this process had been made available to the public by use, a similar already known product was asserted to have been produced by the process claimed. However, it could not be clearly ascertained, even after an exhaustive examination, by which process it had been produced.

GL-PCT G IV 6.2.4 Example of the accessibility of objects used

A press for producing light building (hard fibre) boards was installed in a factory shed. Although the door bore the notice "Unauthorised persons not admitted", customers (in particular dealers in building materials and clients who were interested in purchasing light building boards) were given the opportunity of seeing the press although no form of demonstration or explanation was given. An obligation to secrecy was not imposed as, according to witnesses, the company did not consider such visitors as a possible source of competition.

GL-PCT G IV 6.2.3 Use on non-public property

As a general rule, use on non-public property, for example in factories and barracks, is not considered as use made available to the public, because company employees and soldiers are usually bound to secrecy, save in cases where the objects or processes used are exhibited, explained or shown to the public in such places, or where specialists not bound to secrecy are able to recognise their essential features from the outside.

GL-PCT G IV 6.2.2 Agreement on secrecy

The basic principle to be adopted is that subject-matter has not been made available to the public by use or in any other way if there is an express or tacit agreement on secrecy which has not been broken, or if the circumstances of the case are such that such secrecy derives from a relationship of good faith or trust. Good faith and trust are factors which may occur in contractual or commercial relationships.[GL/EPO G‑IV, 7.2.2; ]

GL-PCT G IV 6.2.1 General principles

Subject-matter should be regarded as made available to the public by use or in any other way if, at the relevant date, it was possible for members of the public to gain knowledge of the subject-matter and there was no bar of confidentiality restricting the use or dissemination of such knowledge. This may, for example, arise if an object is unconditionally sold to a member of the public, since the buyer thereby acquires unlimited possession of any knowledge which may be obtained from the object.

GL-PCT G IV 6.2 Matters to be determined as regards use

When the ISA or the IPEA has gained knowledge of an object or process that has been used in such a way that it is comprised in the prior art (e.g. by a third party, see GL/PCT‑EPO E-II, ISPE Guidelines 16.57 and PCT/AI section 801), the following details have to be determined:[Rule 33.1(b); Rule 64.2; ]

GL-PCT G IV 6.1 Types of non-written disclosure, in particular use, and instances of prior art made available in any other way

Making available to the public may occur by means of an oral disclosure, use, exhibition or other non-written means. Use may be constituted by producing, offering, marketing or otherwise exploiting a product, or by offering or marketing a process or its application or by applying the process.