What is the relationship between inventive step and non-obviousness in PCT applications?
In the context of PCT applications, inventive step and non-obviousness are essentially equivalent concepts. This is evident from the language used in MPEP 1878.01(a)(2), which refers to:
“For the purposes of Article 33(3), the relevant date for the consideration of inventive step (non-obviousness) is the date prescribed in Rule 64.1.”
The parenthetical use of “non-obviousness” alongside “inventive step” indicates that these terms are used interchangeably in PCT applications. Both concepts refer to the requirement that an invention must not be obvious to a person skilled in the art, given the prior art at the relevant date, to be patentable.
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