BitLaw

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

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

MPEP Chapter Index
Chapter 1800: Patent Cooperation Treaty
1878: Preparation of the Written Opinion of the International Preliminary Examining Authority
1878.01: Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a): Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report

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).