Google, Wayback Machine, library stamp... proving publication

This decision (T 0013/20) from the EPO Technical Board of Appeal (TBA) is a reminder that proving publication of prior art can be a critical point. Most patent lawyers love the Wayback Machine for its ability to interrogate webpages over the years. It is the first approach from verifying internet publications listed in the EPO Guidelines for Examination G-IV 7.5.4. I've also seen evidence submitted to prove how the Wayback Machine works to further legitimise its use. When considering old fashioned paper prior art publications it is sometimes necessary to find a library copy which includes a date stamp to prove availability as at a particular date.

Luckily for the patentee in this case there were enough discrepancies identified (like a back reference to the alleged prior art including the expression "The University of Arizona, Australia" as an interesting geographical construct) that the TBA were far from convinced that publication could be proven. So the Examining Division decision, and its Google search, was overturned. Some good sleuthing from the patentee and its representatives successfully brought a patent application back from the brink of refusal.