How does the novelty requirement in PCT Article 33(2) impact the international preliminary examination?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.
• If an invention lacks novelty, it may receive a negative opinion in the International Preliminary Examination Report.

This assessment helps applicants understand the potential patentability of their invention in various jurisdictions before entering the national phase of the patent application process.