The board addressed the public availability of publications on the internet, holding that direct and unambiguous access of a document should be possible in order to become state of the art. A mere theoretical possibility of having access is not sufficient, nor is retrievability by a search engine per se. A safe test is that the document (1) is retrievable with the help of a public search engine by using one or more keywords all related to the essence of the content thereof; and (2) remained accessible at its URL for a period of time long enough for a member of the public to have direct and unambiguous access thereto.
Click here for the full text of this case.
A summary of this case will be posted on http://www.KluwerIPCases.com
_____________________________
To make sure you do not miss out on regular updates from the Kluwer Patent Blog, please subscribe here.
Kluwer IP Law
The 2022 Future Ready Lawyer survey showed that 79% of lawyers think that the importance of legal technology will increase for next year. With Kluwer IP Law you can navigate the increasingly global practice of IP law with specialized, local and cross-border information and tools from every preferred location. Are you, as an IP professional, ready for the future?
Learn how Kluwer IP Law can support you.
