Guidelines for Examination
PART D
 CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
4. Insufficient disclosure of the invention
4.3 Burden of proof as regards the possibility of performing and repeating the invention 		 

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PART D
CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITIONCHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION
4. Insufficient disclosure of the invention4. Insufficient disclosure of the invention
  4.2 Disclosure of inventions relating to biological material4.2 Disclosure of inventions relating to biological material     4.4 Cases of partially insufficient disclosure4.4 Cases of partially insufficient disclosure  
 

4.3

Burden of proof as regards the possibility of performing and repeating the invention

 

If the Opposition Division has serious doubts as regards the possibility of performing the invention and repeating it as described, the burden of proof as regards this possibility, or at least a demonstration that success is credible, rests with the proprietor of the patent. This may be the case where, for example, experiments carried out by the opponent suggest that the subject-matter of the patent does not achieve the desired technical result. As regards the possibility of performing and repeating the invention, see also C-II, 4.11.

 
Index:CHAPTER V SUBSTANTIVE EXAMINATION OF OPPOSITION4. Insufficient disclosure of the invention 4.2 Disclosure of inventions relating to biological material 4.4 Cases of partially insufficient disclosure

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