How is novelty defined for international preliminary examination?

Question

Accepted Answer

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. Novelty for international preliminary examination is defined in MPEP 1878.01(a)(1) , which cites PCT Article 33(2): “ For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations. “ This definition applies to both the written opinion of the International Searching Authority and the international preliminary examination report. 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) Translation Required for International Search MPEP 1878 Required International Preliminary Examination Begins According to PCT Rule 69.1 MPEP 1878 Written Opinion Must Be Prepared Simultaneously With International Search Report MPEP 1878 Required Further Written Opinion Required When Applicant Persuasively Argues Against Initial Written Opinion MPEP 1878 Required Invention Paid For Must Have International Search MPEP 1878 Prohibited Written Opinion Requirement for ISA MPEP 1878.01(a) No Extension for Written Opinion Reply MPEP 1878 International Preliminary Examining Authority May Issue Additional Opinions MPEP 1878 Permitted 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 inventive step and non-obviousness in PCT applications? How are non-written disclosures treated as prior art in international patent applications? How is novelty determined in internat...