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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 3, 2007
Journal of Intellectual Property Law & Practice 2007 2(6):354-355; doi:10.1093/jiplp/jpm059
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Documents on the internet as prior art

David Rogers
Legal Member, Boards of Appeal European Patent Office
Munich, Germany

Game system, game providing method, and information recording medium, 3.2.04, European Patent Office, Boards of Appeal, Case T-1134/06 (ex parte), 16 January 2007

This case concerns the situation where the potentially novelty destroying disclosure was found on the internet. The Board had to consider what must be established for such a disclosure to form part of the state of the art. The Board decided to apply the same criteria and standard of proof as for prior use, or prior oral disclosure.

Correspondence: drogers{at}epo.org


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