- Keywords > compulsory licences
- Keywords > intellectual property laws
- Keywords > intellectual property protection (IPP)
- Keywords > parallel importation
- Keywords > patentability criteria - policy options
- Keywords > patents
- Keywords > pharmaceutical legislation
- Keywords > public health
- Keywords > Trade Related Aspects of the Intellectual Property Rights (TRIPS)
- Keywords > TRIPS flexibilities
(2000; 140 pages) [French] [Spanish]
V.2 Prior Public Availability
Where a product has already been available to the public, the composition or inner structure of the product can be deemed to belong to the state of the art even if not published, since the product could have been analyzed and reproduced by a skilled person99. This approach is also compatible with the TRIPs Agreement.
99 See, for instance, the decision of the EPO in G 1/92 of 18.12.92, OJ 1993, p. 277.