Monday, December 14, 2020 T 483/17 - 'more up to the hilt' is not needed

The opponent in this case alleged that one of its own products is novelty destroying prior art. As this prior use lies within the sphere of the opponent, proof 'up to the hilt' was required. The board's analysis of this proof is very case-specific of course, but makes for interesting reading (if you're into that kind of thing). The proprietor makes a good effort to find inconsistencies in the  provided proof, which leads the Board to state at one point that if more evidence was provided, it 'would merely have been proven even more "up to the hilt"'. 

In the end the opponent manages to prove to the Board's satisfaction that it really did sell a product that falls under the scope of the claim. 

Friday, March 04, 2016 T 2451/13 - Up to the hilt

Up to the hilt: the sword being plunged into an opponent with only the hilt remaining visible...

This decision summarizes the principles governing burden of proof in case of public prior use, and in particular, what is to be exactly understood as representing 'up-to-the-hilt'. When applied to the present case, the Board concludes that this standard is met...

Catchwords:

If the publication date of a document originating from an opponent (or a subsidiary thereof) is in dispute, the opponent must prove that date "up to the hilt". The yardstick for this proof is that of "beyond reasonable doubt" rather than "absolute certainty" (point 3.2).