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
3.2.3 Matters to be determined by the Opposition Division in cases of 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
  3.2.2 Non-prejudicial oral description3.2.2 Non-prejudicial oral description       
 

3.2.3

Matters to be determined by the Opposition Division in cases of oral description

 

Once again, in such cases the following details will have to be determined:

 

(i)

when the oral description took place;

 

(ii)

what was described orally; and

 

(iii)

whether the oral description was made available to the public; this will also depend on the type of oral description (conversation, lecture) and on the place at which the description was given (public meeting, factory hall; see also V, 3.1.2(iii)).