How does Box No. IV in the Written Opinion address novelty issues?
How does Box No. IV in the Written Opinion address novelty issues?
Box No. IV in the Written Opinion of the International Searching Authority specifically addresses the issue of novelty in patent applications. According to MPEP 1845, “Box No. IV of the Written Opinion of the International Searching Authority is used to indicate that certain claims are found to lack novelty or are not considered to involve an inventive step.”
Key aspects of Box No. IV include:
- Identification of specific claims that lack novelty
- Citations of relevant prior art documents
- Explanations of why the cited documents are considered to anticipate the claims
The MPEP states: “The examiner must list the citation of the documents together with the claim numbers associated with the citations.” This means that for each claim deemed to lack novelty, the examiner must provide specific references to prior art that discloses the same invention.
Understanding Box No. IV is crucial for applicants as it provides a clear indication of potential obstacles to patentability and guides them in how to amend their claims or argue against the examiner’s findings in subsequent stages of the patent process.
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