MPEP § 1878.01(a)(1) — Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report (Annotated Rules)

§1878.01(a)(1) Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report

USPTO MPEP version: BlueIron's Update: 2025-12-31
2 Citations

This page consolidates and annotates all enforceable requirements under MPEP § 1878.01(a)(1), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report

This section addresses Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report.

Key Rules

Topic

Patent Cooperation Treaty

2 rules
StatutoryInformativeAlways
[mpep-1878-01-a-1-0ca8ee64981ff1b9a42c9959]
Novelty Requirement for PCT
Note:
The rule defines novelty for purposes of the Written Opinion and International Preliminary Examination Report under the Patent Cooperation Treaty.

Novelty is defined in PCT Article 33(2).

Jump to MPEP SourcePatent Cooperation TreatyArticle 34 AmendmentsInternational Preliminary Examination (Chapter II)
StatutoryInformativeAlways
[mpep-1878-01-a-1-a47d74a3ea1c163433b93aca]
Requirement for Written Opinion of International Searching Authority
Note:
This rule requires the written opinion of the International Searching Authority to be prepared in accordance with PCT Rule 43bis.1(b).

The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).

Jump to MPEP SourcePatent Cooperation TreatyArticle 34 AmendmentsInternational Preliminary Examination (Chapter II)
Topic

International Searching Authority (ISA)

1 rules
StatutoryInformativeAlways
[mpep-1878-01-a-1-7ab439fbdc4d13a92503d383]
Written Opinion Requirement for ISA
Note:
The rule requires that the provisions apply similarly to the written opinion of the International Searching Authority.

The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).

Jump to MPEP SourceInternational Searching Authority (ISA)Written Opinion of ISAInternational Search

Citations

Primary topicCitation
Patent Cooperation TreatyPCT Article 33(2)
International Searching Authority (ISA)
Patent Cooperation Treaty		PCT Rule 43bis.1(b)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31