How does the written opinion of the International Searching Authority relate to inventive step assessment?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 of the International Searching Authority (ISA) follows the same principles for assessing inventive step as the international preliminary examination. MPEP 1878.01(a)(2) states: “The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).” This means that the ISA uses the same criteria and approach for evaluating inventive step when preparing the written opinion as would be used in the international preliminary examination. The ISA considers the prior art as a whole, including combinations of documents, and uses the relevant date as prescribed in the PCT rules. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse International Searching Authority Opinion as U.S. IPEA Written Opinion MPEP 1878 Required Requirement for Written Opinion of International Searching Authority MPEP 1878.01(a) International Preliminary Examination Begins According to PCT Rule 69.1 MPEP 1878 Written Opinion Requirement for ISA MPEP 1878.01(a) Relevant Date for Prior Art Search MPEP 1878.01(a) Required No Extension for Written Opinion Reply MPEP 1878 Written Opinion Must Be Prepared Simultaneously With International Search Report MPEP 1878 Required Translation Required for International Search MPEP 1878 Required International Preliminary Report Must Address Certain Published Documents MPEP 1878.01(a) Required International Preliminary Report Must Address Non-Written Disclosures MPEP 1878.01(a) Required Other Related FAQs 5 FAQs Collapse What is the definition of inventive step in PCT applications? How is inventive step evaluated in international patent applications? What is the relationship between inve...