WIPO
INTERNATIONAL TREATIES
Regulations under the PCT
WOPCR
78/116

Rule 65

Inventive Step or Non-Obviousness

65.1       Approach to Prior Art

        For the purposes of Article 33(3), the international preliminary examination shall take into consideration the relation of any particular claim to the prior art as a whole. It shall take into consideration the claim's relation not only to individual documents or parts thereof taken separately but also its relation to combinations of such documents or parts of documents, where such combinations are obvious to a person skilled in the art.

65.2       Relevant Date

        For the purposes of Article 33(3), the relevant date for the consideration of inventive step (non-obviousness) is the date prescribed in Rule 64.1.


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