3. Evident abuse 

In case G‑V, 1(i), the disclosure might be made in a published document or in any other way. In particular, it might be made in a European application with an earlier priority date. For example, a person B who has been told of A's invention in confidence might apply for a patent for this invention. If so, the disclosure resulting from the publication of B's application will not prejudice A's rights if A has already filed an application or files one within six months of that publication. In view of Art. 61, B may anyway not be entitled to proceed with the application (see A‑IV, 2).

For "evident abuse" to be established, the person disclosing the invention must have had either actual intent to cause harm or actual or constructive knowledge that harm would or could ensue from this disclosure (see T 585/92). This must be proven on the balance of probabilities (see T 436/92).