What is the definition of inventive step in PCT applications?
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.
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