4.3.2 Public prior use
Overview
4.3.2 Public prior use
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Although the standard of proof is the same for all objections covered by Art. 100 EPC (cf. T 270/90, OJ 1993, 725), the case law identifies two levels or standards of proof to be applied with regard to disputes around public prior use – either the "balance of probabilities" or "up to the hilt".
- T 734/18
Reasons 4 - witness testimony - applicable standard of proof
- Case law 2021