What is the difference between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections?
What is the difference between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections?
The main differences between 35 U.S.C. 102(a)(1) and 102(a)(2) rejections are:
- 102(a)(1) applies to prior art that was publicly available before the effective filing date of the claimed invention. This includes patents, printed publications, public use, on sale, or otherwise available to the public.
- 102(a)(2) applies specifically to U.S. patents, U.S. patent application publications, and certain WIPO published applications that were effectively filed before the effective filing date of the claimed invention, even if they were not yet publicly available.
According to MPEP 2120.01: “Prior art rejections under 35 U.S.C. 102(a)(1) or 102(a)(2) may use any of the exceptions available under 35 U.S.C. 102(b)(1) and 102(b)(2).” This means that examiners can use different types of prior art for each type of rejection, depending on the specific circumstances of the application.
To learn more:
Topics:
(B),
MPEP 2100 - Patentability,
MPEP 2120.01 - Rejections Under 35 U.S.C. 102(A)(1) And (A)(2) And Pre - Aia 35 U.S.C. 102(A),
Or (E): Printed Publication Or Patent,
Patent Law,
Patent Procedure