2. Oral disclosure, use, exhibition, etc. as state of the art 

Under Art. 54 EPC, a public oral description, use, exhibition, etc. is also considered to be prior art. The search division cites such an oral disclosure as prior art only if it is convinced that the facts can be proved, for example if a document confirming the oral disclosure is available. Written confirmation can be accepted as proof even if it was published after the filing date of the searched application as it is the date of the oral disclosure which is decisive under Art. 54(2). The search division then gives the date of the non-written disclosure as the relevant date (see G‑VI, 3) but must also indicate the date of the subsequent written disclosure.

However, such instances of oral disclosure, prior public use, disclosure by sale, etc. are more usually brought up by opponents in opposition proceedings (see G‑IV, 7.1 to G-IV, 7.4).