Manual of Patent Examining Procedure - MPEP

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1800 Patent Cooperation Treaty

1878.01(a)(1) Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report

Novelty is defined in PCT Article 33(2).

(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.

The above provisions apply mutatis mutandis to the written opinion of the International Searching Authority. See PCT Rule 43^bis.1(b).

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