What is the definition of inventive step in PCT applications?

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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. The definition of inventive step for PCT applications is provided in MPEP 1878.01(a)(2) , which cites PCT Article 33(3): “ For purposes of the international preliminary examination, a claimed invention shall be considered to involve an inventive step if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant date, obvious to a person skilled in the art. “ 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 Requirement for Written Opinion of International Searching Authority MPEP 1878.01(a) International Searching Authority Opinion as U.S. IPEA Written Opinion MPEP 1878 Required International Preliminary Examination Begins According to PCT Rule 69.1 MPEP 1878 Relevant Date for Prior Art Search MPEP 1878.01(a) Required Written Opinion Must Be Prepared Simultaneously With International Search Report MPEP 1878 Required Translation Required for International Search MPEP 1878 Required International Preliminary Report Must Address Non-Written Disclosures MPEP 1878.01(a) Required Published Applications Not Considered Prior Art After Relevant Date MPEP 1878.01(a) No Extension for Written Opinion Reply MPEP 1878 International Preliminary Report Must Address Certain Published Documents MPEP 1878.01(a) Required Other Related FAQs 5 FAQs Collapse 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...