What is the relevance of the novelty definition to the written opinion of the International Searching Authority?

The novelty definition provided in PCT Article 33(2) is also applicable to the written opinion of the International Searching Authority. This is explicitly stated in PCT Rule 43bis.1(b), which states that the provisions of Article 33(2)-(6) apply mutatis mutandis to the written opinion.

This means that when the International Searching Authority prepares its written opinion on the patentability of an invention, it uses the same criteria for novelty as defined in PCT Article 33(2).

To learn more:

• Written Opinion
• International Searching Authority
• PCT
• Novelty Assessment