What is the relevant date for considering inventive step in PCT applications?
The relevant date for considering inventive step in PCT applications is specified in PCT Rule 65.2. According to MPEP 1878.01(a)(2):
“For the purposes of Article 33(3), the relevant date for the consideration of inventive step (non-obviousness) is the date prescribed in Rule 64.1.”
Rule 64.1 generally establishes the international filing date as the relevant date for assessing inventive step, with some exceptions for priority claims and certain amendments. This date is crucial as it determines what prior art can be considered when evaluating the non-obviousness of the invention.
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