PCT Article 33 — The International Preliminary Examination
Ninth Edition, Revision 01.2024
- (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.
Cited by
- 1801 Basic Patent Cooperation Treaty (PCT) Principles
- 1843 The International Search
- 1843.01 Prior Art for Chapter I Processing
- 1844.01 Preparing the International Search Report (Form PCT/ISA/210)
- 1845 Written Opinion of the International Searching Authority
- 1845.01 Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237)
- 1850 Unity of Invention Before the International Searching Authority
- 1860 International Preliminary Examination Procedure
- 1864 The Demand and Preparation for Filing of Demand
- 1870 Priority Document and Translation Thereof
- 1874 Determination if International Preliminary Examination Is Required and Possible
- 1878 Preparation of the Written Opinion of the International Preliminary Examining Authority
- 1878.01(a) Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report
- 1878.01(a)(1) Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report
- 1878.01(a)(2) Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report
- 1878.01(a)(3) Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
- 1879 Preparation of the International Preliminary Examination Report
- 1893.03 Prosecution of U.S. National Stage Applications Before the Examiner
- 708 Order of Examination
- 37 CFR 1.484 Conduct of international preliminary examination
- 37 CFR 1.492 National stage fees
- PCT Article 34 Procedure Before the International Preliminary Examining Authority
- PCT Article 35 The International Preliminary Examination Report
- PCT Rule 43 bis Written Opinion of the International Searching Authority
- PCT Rule 64 Prior Art for International Preliminary Examination
- PCT Rule 65 Inventive Step or Non-Obviousness
- PCT Rule 66 Procedure before the International Preliminary Examining Authority