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

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).