What is the relationship between inventive step and non-obviousness in PCT applications?
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”…
Read MoreHow is inventive step evaluated in international patent applications?
Inventive step (also known as non-obviousness) in international patent applications is addressed in MPEP 1878.01(a)(2) and PCT Article 33(3). The MPEP states: “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not,…
Read MoreWhat is the definition of inventive step in PCT applications?
The definition of inventive step for PCT applications is provided in MPEP 1878.01(a)(2), which cites PCT Article 33(3): “For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant…
Read MoreWhat criteria are assessed in the International Preliminary Examination Report?
The International Preliminary Examination Report (IPER) assesses three main criteria for each examined claim. As stated in the MPEP, “The examiner must indicate whether each claim appears to satisfy the criteria of novelty, inventive step (nonobviousness), and industrial applicability.” These criteria are assessed as follows: Novelty: Whether the claim presents new features not found in…
Read MoreWhat role does Box No. V play in assessing inventive step in the Written Opinion?
What role does Box No. V play in assessing inventive step in the Written Opinion? Box No. V in the Written Opinion of the International Searching Authority plays a crucial role in assessing the inventive step of a patent application. According to MPEP 1845, “Box No. V is used to indicate that certain claims are…
Read MoreHow is Box No. V used in the International Preliminary Examination Report?
Box No. V in the International Preliminary Examination Report (IPER) is a crucial section that addresses the patentability criteria. According to MPEP 1879: “In Box No. V, the examiner must list in summary form all claims with respect to the criteria of novelty, inventive step (non-obviousness), and industrial applicability.” The examiner uses this box to…
Read MoreHow does the concept of long-felt need impact the assessment of non-obviousness in patent examination?
The concept of long-felt need plays a significant role in assessing non-obviousness during patent examination. According to MPEP 716.04, long-felt need can provide strong evidence against obviousness. Here’s how it impacts the assessment: Indicates non-obvious solution: A long-felt need suggests that the solution was not obvious to those skilled in the art. If the solution…
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