Guidelines for Examination
PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
3. Non-patentability pursuant to Art. 52 to 57
3.2 State of the art made available by means of oral description
3.2.2 Non-prejudicial oral description
 

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PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITIONCHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
3. Non-patentability pursuant to Art. 52 to 573. Non-patentability pursuant to Art. 52 to 57
3.2 State of the art made available by means of oral description3.2 State of the art made available by means of oral description
  3.2.1 Cases of oral description3.2.1 Cases of oral description     3.2.3 Matters to be determined by the Opposition Division in cases of oral description3.2.3 Matters to be determined by the Opposition Division in cases of oral description  
 

3.2.2

Non-prejudicial oral description

 

The state of the art will not be affected by oral descriptions made by and to persons who were bound to, and preserved, secrecy, nor by an oral disclosure which was made no earlier than six months before the filing of the European patent application and which derives directly or indirectly from an evident abuse in relation to the applicant or his legal predecessor. In determining whether evident abuse has occurred, note C-IV, 8.3.

 

Art. 55(1)(a)