In carrying out the international preliminary examination, there are two general points the examiner must bear in mind. Firstly, any exclusion from patentability applies only to the extent to which the application relates to the excluded subject-matter as such. Secondly, the subject-matter of the claim should be considered as a whole, in order to decide whether the claimed subject-matter has a technical character.

GL-PCT G II 1 General remarks

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 and to be industrially applicable.[Art. 33(1); Rule 43bis.1(a); ]

The PCT does not define what is meant by "invention", but Rules 39 and 67 contain a list of subject-matt

GL-PCT G II – Inventions

1. General remarks

2. Examination practice

3. List of exclusions

4. Exceptions to patentability

5. Exclusions and exceptions for biotechnological inventions

GL-PCT G I 2 General remarks

The aim of the PCT is to allow the applicant to obtain a preliminary and non-binding opinion on the patentability of the claimed subject-matter before entering the regional phase. The PCT procedure cannot serve the purpose of granting a patent as is the case for example under the EPC.[Art. 33(1); Rule 43bis.1(a); ]

GL-PCT G I 1 General disclaimer

Under Art. 150(2) EPC, an international application filed under the PCT may be the subject of proceedings before the EPO. In such proceedings, the provisions of the PCT and its Regulations are applied, supplemented by the provisions of the EPC. In case of conflict, the provisions of the PCT and its Regulations prevail.

The EPO, acting as ISA or IPEA, has established practice on how the examiner assesses novelty and inventive step.