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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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).