A.33 PCT The International Preliminary Examination

(1)  The objective of the international preliminary examination is to formulate a preliminary and non-binding opinion on the questions whether the claimed invention appears to be novel, to involve an inventive step (to be non-obvious), and to be industrially applicable.

(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.

(3)  For the 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.  

(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.

(5)  The criteria described above merely serve the purposes of international preliminary examination. Any Contracting State may apply additional or different criteria for the purpose of deciding whether, in that State, the claimed invention is patentable or not.

(6)  The international preliminary examination shall take into consideration all the documents cited in the international search report. It may take into consideration any additional documents considered to be relevant in the particular case.

Source: http://www.wipo.int/pct/en/texts/articles/a33.htm

Date retrieved: 02 November 2015

32 references found.

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EPO Guidelines Foreword

EPO Guidelines - B Search

EPO PCT GL - B Search

EPO PCT GL - C Procedureal Aspects Chapter II

EPO PCT GL - F (not assigned)

EPO PCT GL - G Patentability

EPO Guide for Applicants, part II Int. - D The EPO as an IPEA

PCT Articles

PCT Implementing Rules

PCT Applicant's Guide - International Phase

PCT Newsletter - Practical Advice

General Case Law