How is novelty defined in the context of international patent applications?

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.

To learn more:

• Novelty
• PCT
• International Patent Application
• Prior Art