Guidelines for Examination
PART C
CHAPTER IV PATENTABILITY
8. Non-prejudicial disclosures
8.1 General
 

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PART C
CHAPTER IV PATENTABILITYCHAPTER IV PATENTABILITY
8. Non-prejudicial disclosures8. Non-prejudicial disclosures
       8.2 Time limit8.2 Time limit  
 

8.1

General

 

There are two specific instances (and these are the only two) in which a prior disclosure of the invention is not taken into consideration as part of the state of the art, viz. where the disclosure was due to, or in consequence of:

 

Art. 55(1)



(i)

an evident abuse in relation to the applicant or his legal predecessor - e.g. the invention was derived from the applicant and disclosed against his wish; or

 

Art. 55(1)(a)



(ii)

the display of the invention by the applicant or his legal predecessor at an officially recognised international exhibition as defined in Art. 55(1)(b).

 

Art. 55(1)(b)