PCT AG-IP 10.057 What is the purpose of the international preliminary examination?

Article 33(1)

10.057.   What is the purpose of the international preliminary examination?  As already stated in paragraph 10.001, the purpose of the international preliminary examination is to formulate an opinion – which is “preliminary” (since a final opinion will be formulated only in the national phase by the national or regional Patent Office or by a competent national or regional court) and “non-binding” (on anyone, including elected Offices) – on whether the claimed invention appears (i) to be novel, (ii) to involve an inventive step (to be non-obvious), and (iii) to be industrially applicable.  While there is not a fully uniform approach to these criteria in national laws, their application under the PCT during the international preliminary examination procedure is such that the international preliminary report on patentability (Chapter II of the PCT) gives a good idea of the likely results in the national phase.

Article 33(2)
Rule 64

10.058.   For the purposes of the international preliminary examination, a claimed invention is considered novel if it is not anticipated by the prior art. Rule 64 defines “prior art” for the purposes of the examination.

Article 33(3)
Rule 65

10.059.   For the purposes of the international preliminary examination, a claimed invention is considered to involve an inventive step if, having regard to the prior art as defined in the Regulations (see paragraph 10.058), it is not, at the prescribed relevant date, obvious to a person skilled in the art.  For further details, see Rule 65.

Article 33(4)

10.060.   For the purposes of the international preliminary examination, a claimed invention is considered industrially applicable if, according to its nature, it can be made or used (in the technological sense) in any kind of industry.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip10.html

Date retrieved: 24 November 2017

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