28 July 2025

T 1721/23 - Industry magazine as c.g.k.

Key points

  • D10 is an article in a magazine from 2012 called "Surf" comparing fin boxes available on the market at that time. D10 was submitted with the statement of grounds of appeal as proof for common general knowledge."
  • "The Board admitted D10 into the proceedings. In contrast to the patent literature D9, the disclosure of D10 is considered to be representative of common general knowledge in respect of different types of fins and fin plugs well known and available on the market before the priority date of the patent in suit."
    • D10: Article "Slot-Machine", magazine SURF, 1-2/2012
    • The case may seem of minor importance, perhaps. But I know of at least one technical field where  relevant prior art (and indeed common general knowledge) sometimes can be found only in some "industry journals / magazines". 
EPO 
The link to the decision can be found after the jump.


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