CLR III G 5.1.2.E Specific case of internet citations of prior art

As a rule, each party bears the burden of proof for facts which it alleges. In the specific case of internet citations of prior art cited by the EPO, the burden of proof thus lies with the EPO. If however, the EPO is satisfied that, on the balance of probabilities, an internet citation constitutes prior art, it is then up to the party to prove otherwise (ex parte cases T 2227/11, T 1589/13).

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