What is the relationship between inventive step and non-obviousness in PCT applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. In the context of PCT applications, inventive step and non-obviousness are essentially equivalent concepts. This is evident from the language used in MPEP 1878.01(a)(2) , which refers to: “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.” The parenthetical use of “non-obviousness” alongside “inventive step” indicates that these terms are used interchangeably in PCT applications. Both concepts refer to the requirement that an invention must not be obvious to a person skilled in the art, given the prior art at the relevant date, to be patentable. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Relevant Date for Prior Art Search MPEP 1878.01(a) Required Top-Up Search for Additional Prior Art MPEP 1878 Recommended Claims Summary for Novelty, Inventive Step, and Industrial Applicability Required MPEP 1878 Required Prior Art Must Be Recorded in Box V MPEP 1878 Required Subsequently Discovered Prior Art Must Match International Search Report Format MPEP 1878 Prior Art Includes Worldwide Written Disclosures Before Relevant Date MPEP 1878.01(a) Required Oral Disclosures Not Prior Art After Written Notice MPEP 1878.01(a) Prohibited Published Application Not Prior Art MPEP 1878.01(a) Prohibited PCT Rule for Determining Relevant Prior Art Date MPEP 1878.01(a) Claimed Priority Date Determines Relevant Date for Written Opinion MPEP 1878.01(a) Other Related FAQs 5 FAQs Collapse What is the definition of inventive step in PCT applications? How is inventive step evaluated in international patent applications? How are non-written disclosures treated as prior art in international pat...