MPEP 1878.01(a)(1)
Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report

Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020

Previous: §1878.01(a) | Next: §1878.01(a)(2)

1878.01(a)(1)    Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report [R-08.2012]

Novelty is defined in PCT Article 33(2).

PCT Article 33

The International Preliminary Examination

*****

  • (2) For the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.

*****

The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43bis.1(b).