Mass Spectrometers
Company A manufactures laboratory equipment (mass spectrometers). Hidden under the cover, the latest model features an improved recording control that enables significantly better resolution. The management of A is of the opinion that a single sale of several devices in the United States does not constitute prior art and does not affect a subsequent European patent application, as such expensive devices are not opened by customers anyway.
Question: Do you share this opinion? What would happen if A proceeded as planned?
Prof. X conducts experiments with explosives on an enclosed outdoor area of the university. To avoid danger to the surrounding area, he hangs a sign on the fence saying “NO ENTRY, DANGER TO LIFE!” X leaves the door to the area where the explosives are stored open overnight, contrary to regulations.
Question: Did the newly developed explosive used by X become state of the art “overnight”?
Last year, Company A developed an improved microphone that differs from conventional microphones in that it has special recording electronics. Ten such microphones were exhibited at a trade fair yesterday. Anyone could try out the microphones and hear the sound for themselves. A would like to file a patent application.
Question: Is this possible in view of the events at the trade fair?
Last year, Company A developed an improved microphone that differs from conventional microphones in that it has special recording electronics. A gave 10 samples to a long-standing customer so that they could decide whether to include them in their new catalog. A would like to file a patent application.
Question: What could be done in advance to improve the situation for A?
On March 18, doctoral student A discusses his dissertation with his supervisor, Prof. X, for the last time before finally submitting it on March 20. He has added an additional page to his thesis under “Outlook,” in which he describes an invention in sufficient detail. On April 2, the thesis is sent to the chair of the committee, Y, and the second examiner, Z. The thesis defense takes place on April 15. Doctoral students V and W are sitting in the auditorium for this exam, which is open to the public. There are no copies of the dissertation in any of the various university libraries. During the examination on April 15, the second examiner Z asks A for some details about the invention contained in the dissertation. A then explains all the details. Three days later, on April 17, the dissertation is published in the library.
Question: Has the invention become state of the art, and if so, how?
Weapons Manufacturer
At a trade fair in the United States on April 1, 2017, US weapons manufacturer X demonstrates a firing test to international customers with a new rocket launcher featuring improved control electronics that enable greater accuracy.
It is clearly visible to everyone at the test site that a projectile is being fired at a mock house from a launch device that is barely visible in the distance. The mock-up is completely destroyed by this test. The demonstration, which was open to anyone interested, was attended by international government representatives, four school classes, and 30 members of a local gun club who had traveled there specifically for this purpose.
Question: Did the invention relating to the improved control electronics become state of the art?
Scientific Conference
At a scientific conference in Australia (on March 4, 2005), scientist A presented a novel, genetically modified bacterium (in the form of a microscope image) that produces lactic acid with enormous efficiency. As he had several more meetings to attend, he did not notice until the next day that the planned patent application had not yet been filed. He quickly submitted a European patent application on March 5, 2005.
Question: Has this bacterium or the process for using these bacteria to produce lactic acid become the state of the art for the application?
Research departments
The two research departments of companies A and B meet at the premises of B and want to carry out joint development and research into new drugs for the treatment of colon cancer. A files a patent for its employees' invention on January 4, 2001. B now believes that the invention has become publicly known to it and that A's patent is therefore no longer new.
Question: Do you share this opinion?
Company A makes documents available to its employees via the Internet, which also describe numerous inventions. Employees can access the documents by entering a code provided by them. A forgetful employee likes to use “12345” as his access code.
Question: Has the content become public?
A competitor publishes the exact composition of a dietary supplement containing a new plant extract in a patent specification. The publication date is clearly stated on the printed document. Later, our company claims to have developed this idea a long time ago.
Question: Can the company still successfully claim novelty even though the patent specification has already been published?
A research group submits an article on a new vitamin complex. The article undergoes a peer review process and is published in the journal in the summer of 2026. However, a preprint version was already available online in the fall of 2025, before the article went to press.
Question: When does the article become prior art?
As part of his master's thesis, a student develops a new manufacturing process for capsule shells. During the defense of his thesis, he presents his results to his professor and several colleagues. The thesis is filed in the university library, but with an approved embargo period of five years. The thesis is listed in the catalog, but cannot be accessed.
Question: Does this thesis already count as prior art during the embargo period?
A small company describes a novel combination of minerals on its website. After a few weeks, the page is deleted, but older versions are available via the “Wayback Machine.”
Question: Has the content already become prior art due to its temporary online publication, even if it was later removed?
A developer presents a new recipe for an energy bar at a trade fair. When asked by a journalist, he explains the advantages of the composition in detail. He deliberately does not mention certain secret ingredients.
Question: In this case, what information is considered prior art—only what was said or also the undisclosed ingredients?
Development Protocols
After being dismissed from a large medical technology company, a former employee publishes confidential development protocols on the Internet out of frustration. These protocols contain detailed technical information about a new catheter system that the company had been working on for years. Two months after this publication, the company itself submits a patent application for this very catheter system to the patent office.
Question: Is the invention still new in terms of patent law, or does the publication by the former employee destroy the novelty of the application?