What criteria are assessed in the International Preliminary Examination Report?

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 International Preliminary Examination Report (IPER) assesses three main criteria for each examined claim. As stated in the MPEP, “The examiner must indicate whether each claim appears to satisfy the criteria of novelty, inventive step (nonobviousness), and industrial applicability.” These criteria are assessed as follows:

• Novelty: Whether the claim presents new features not found in the prior art.
• Inventive Step (Nonobviousness): Whether the claimed invention is not obvious to a person skilled in the art.
• Industrial Applicability: Whether the invention can be made or used in any kind of industry.

The MPEP further notes, “The determination or statement should be made on each of the three criteria taken separately. The determination as to any criteria should be negative if the criteria as to the particular claim is not satisfied.” The examiner must provide explanations and cite relevant documents to support any negative determinations.