MPEP § 1878.01(a)(3) — Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report (Annotated Rules)
§1878.01(a)(3) Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
This page consolidates and annotates all enforceable requirements under MPEP § 1878.01(a)(3), 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.
Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
This section addresses Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report.
Key Rules
Patent Cooperation Treaty
Industrial applicability is defined in PCT Article 33(4).
The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).
International Searching Authority (ISA)
The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).
Citations
| Primary topic | Citation |
|---|---|
| Patent Cooperation Treaty | PCT Article 33(4) |
| 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.
Official MPEP § 1878.01(a)(3) — Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
Source: USPTO1878.01(a)(3) Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report [R-08.2012]
Industrial applicability is defined in PCT Article 33(4).
PCT Article 33.
The International Preliminary Examination
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- (4) For the purposes of the international preliminary examination, a claimed invention shall be considered industrially applicable if, according to its nature, it can be made or used (in the technological sense) in any kind of industry. “Industry” shall be understood in its broadest sense, as in the Paris Convention for the Protection of Industrial Property.
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The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).