What are the main ways to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection?

There are several ways to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection, as outlined in MPEP 2152.06:

• Submitting a benefit claim under 35 U.S.C. 120 or 119(e)
• Submitting a claim to priority under 35 U.S.C. 119(a)-(d)
• Filing an affidavit or declaration under 37 CFR 1.130
• Establishing common ownership or evidence of a Joint Research Agreement

The MPEP states: “In addition to persuasively arguing that the claims are patentably distinguishable over the prior art or amending the claims to overcome the prior art rejection, a rejection under 35 U.S.C. 102(a)(1) or 102(a)(2) can be overcome by” the methods listed above.

To learn more:

• 35 U.S.C. 102
• prior art
• patent rejection
• benefit claim
• priority claim
• affidavit
• declaration
• common ownership