How is novelty defined in the context of international patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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 in the context of international patent applications is defined in PCT Article 33(2). The article states:
“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 is used to assess the novelty of an invention during the international preliminary examination and in the written opinion of the International Searching Authority.