Guidelines for Examination:PART D: CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION, 3. Non-patentability pursuant to Art. 52 to 57, 3.1 State of the art made available to the public by use or in any other way, 3.1.3.2 Agreement on secrecy

Guidelines for Examination
PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
3. Non-patentability pursuant to Art. 52 to 57
3.1 State of the art made available to the public by use or in any other way
3.1.3.2 Agreement on secrecy

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PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
3. Non-patentability pursuant to Art. 52 to 57
3.1 State of the art made available to the public by use or in any other way
3.1.3 Ways in which subject-matter may be made available

3.1.3.1 General principles

3.1.3.3 Use on non-public property

3.1.3.2

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 (reference should be made to the particular case of a non-prejudicial disclosure arising from an evident abuse in relation to the applicant, in accordance with Art. 55(1)(a)), 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.