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