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Internet as a source of prior art information


Graphic representation of less than 0.0001% of the WWW, one of the services accessible via the Internet, representing some of the hyperlinks. The use of the Internet as prior art in patent law is surrounded by concerns as to its reliability.

In the context of patent law, using the Internet as a source of prior art when assessing whether an invention is novel and inventive (two conditions for patentability), may be problematic if it is difficult to ascertain precisely when information on websites became available to the public.[1]

  1. ^ T 1134/06, Reasons 3.2: "It is thus at the present state of affairs often very difficult to establish with a high degree of reliability what exactly appeared on a web site and when."(emphasis added)

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