6.001. What is the effect of the PCT on the substantive conditions of patentability applied in the national phase? The PCT leaves each Contracting State free to determine substantive conditions of patentability. This is particularly true for what constitutes "prior art." However, since the requirements of prior art as defined in the PCT and its Regulations for the purposes of the international phase are generally as strict as, or stricter than, those defined in any national law, the chances of unpleasant surprises by way of previously uncited prior art references being raised during the national phase are substantially reduced. On the other hand, the PCT does not prevent any national law from requiring the applicant to furnish, in the national phase, evidence in respect of any substantive condition of patentability in that law.
Date retrieved: 02 November 2015