What is the relevant date for considering 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 relevant date for considering inventive step in PCT applications is specified in PCT Rule 65.2. According to MPEP 1878.01(a)(2) : “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.” Rule 64.1 generally establishes the international filing date as the relevant date for assessing inventive step, with some exceptions for priority claims and certain amendments. This date is crucial as it determines what prior art can be considered when evaluating the non-obviousness of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Relevant Date for Prior Art Search MPEP 1878.01(a) Required Additional Observations Required for Priority Claim MPEP 1878 Recommended International Preliminary Examination Begins According to PCT Rule 69.1 MPEP 1878 Published Applications Not Considered Prior Art After Relevant Date MPEP 1878.01(a) Priority Claim Requires Translation Within Time Limit MPEP 1878 Permitted Top-Up Search for Additional Prior Art MPEP 1878 Recommended Reconsider Priority Claim After New Document Provided MPEP 1878 Recommended IPEA May Request IB for Priority Document Copy MPEP 1878 Permitted Priority Document Must Be Considered After Search Report MPEP 1878 Claims Summary for Novelty, Inventive Step, and Industrial Applicability Required MPEP 1878 Required Other Related FAQs 5 FAQs Collapse What is the definition of inventive step in PCT applications? 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 ...