What is the secondary purpose of the definiteness requirement in patent claims?
The secondary purpose of the definiteness requirement in patent claims is related to assessing the inventor’s conception of the invention and meeting patentability criteria. The MPEP states: “A secondary purpose is to provide a clear measure of what the inventor or a joint inventor regards as the invention so that it can be determined whether…
Read MoreHow does the novelty requirement in PCT Article 33(2) impact the international preliminary examination?
The novelty requirement in PCT Article 33(2) significantly impacts the international preliminary examination by establishing a key criterion for patentability. During this examination: Examiners assess whether the claimed invention is novel based on the definition provided in Article 33(2). The invention must not be anticipated by the prior art as defined in the PCT Regulations.…
Read MoreWhat 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”…
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