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

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in Januay 2018

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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

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  • (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.

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