How does the Written Opinion address novelty, inventive step, and industrial applicability?

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 Written Opinion addresses novelty, inventive step, and industrial applicability in Box No. V of Form PCT/ISA/237. The MPEP states: Examiner statements in Box No. V can be positive or negative. If the claims define over the prior art and meet the test of novelty, inventive step (nonobviousness) and industrial applicability, a positive statement equivalent to detailed reasons for allowance in a corresponding U.S. national application should be provided, indicating how the claims meet the tests of novelty, inventive step and industrial applicability.

If the examiner finds that some or all claims lack novelty, inventive step, or industrial applicability, specific reasons must be given, similar to those used in U.S. national applications. The MPEP provides several form paragraphs (18.01, 18.02, 18.02.01, 18.02.02, and 18.03) that can be used to explain negative statements in Box No. V.