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1878.01(a)(1) MANUAL OF PATENT EXAMINING PROCEDURE
1878.01(a)(I) Novelty Under ChapterII
Novelty is defined in peT Article 33(2).
PCTArticle 33.
The International Preliminary Examination
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(2) For the purposes ofthe 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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1878.01(a)(2) Inventive Step
Under Chapter II
Inventive step is defined in PCT Article 33(3).
PCTArticle 33.
The International Preliminary Examination
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(3) For purposes of the international preliminary examination,a
claimed invention shall be considered to involve an inventive
step if, having regard to the prior art as defined in the
Regulations, it is not, at the prescribed relevant date-obvious to a
person skilled in the art.
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PCTRule 65.
Inventive Step or Non-Obviousness
65.I.Approach to Prior Art
For the purposes of Article 33(3), the international preliminary
exainination shall take into consideration the relation of any particular
claim to the prior art as a whole. It shall take into consideration
the claim's relation not only to individual documents Of parts
thereof taken separately but also its relation to combinations of
such documents or parts of documents, where such combinations
are obvious to a person skilled in the art.
65.2.Relevant Date
For the purposes ofArticle 33(3), the relevant date for the consideration
of inventive step (non-obviousness) is the date prescribed
in Rule 64.\.
1878.01(a)(3) Industrial Applicability
Under Chapter II
Industrial applicability is defined in PCT Article
33(4).
August2001
1800-112
PCTArticle 33.
The ·lnternational·Preliminary Examination
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(4) For the purposes of the international preliminary examination,
a claimed invention shall be considered industrially applicable
if, according to its nature, it can be made or used (in the
technological sense) in any kind of industry. "Industry" shall be
understood in its broadest sense, as in the Paris Convention for the
Protection of Industrial Property.
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1878.02 Reply to the Written Opinion
PCTArticle 34.
Procedure before the International Preliminary Examining
Authority
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(Z)(a)The applicant shall have a right to communicate orally
and in writing with the International Preliminary Examining
Authority.
(b) The applicant shall have a right to amend the claims, the
description, and the drawings, in the prescribed manner and
within the prescribed time limit, before the international preliminary
examination report is established. The amendment shall not
go beyond the disclosure in the international application as filed.
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(d) The applicant may respond to the written opinion.
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PCTRule66.
Procedure before the International Preliminary Examining
Authority
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66.3.Fonnal Response to the International Preliminary
Examining Authority
(a) The applicant may respond to the invitation referred to in
Rule 66.2(c) of the International Preliminary Examining Authority
by making amendments or - ifhe disagrees with the opinion of
that Authority -cby submitting arguments, as the case may be, or
do both.
(b) Any response shall be submitted directly to the International
Preliminary Examining Authority.
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66.5.Amendment
Any change, other than the rectification of obvious errors, in
the claims, the description, or the drawings, including cancellation
of claims, omission of passages in the description, or omission of
certain drawings;shall be considered an amendment.