What is considered prior art for international preliminary examination?

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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. According to MPEP 1878.01(a) , prior art for international preliminary examination is defined in PCT Rule 64.1(a) as: “ everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) … provided that such making available occurred prior to the relevant date. “ The relevant date is typically the international filing date, but can be the priority date if certain conditions are met. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse International Preliminary Examination Begins According to PCT Rule 69.1 MPEP 1878 Relevant Date for Prior Art Search MPEP 1878.01(a) Required Claimed Priority Date Determines Relevant Date for Written Opinion MPEP 1878.01(a) Published Applications Not Considered Prior Art After Relevant Date MPEP 1878.01(a) Prior Art Includes Worldwide Written Disclosures Before Relevant Date MPEP 1878.01(a) Required International Preliminary Report Must Address Non-Written Disclosures MPEP 1878.01(a) Required Oral Disclosures Not Prior Art After Written Notice MPEP 1878.01(a) Prohibited International Preliminary Report Must Address Certain Published Documents MPEP 1878.01(a) Required Priority Date Valid Within Two Months After Expiration MPEP 1878.01(a) Recommended International Preliminary Examining Authority May Issue Additional Opinions MPEP 1878 Permitted 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? What is the relationship between inventive step and non-obviousness in PCT applications? How are non-written disclosures treated as prior art in international pat...