What is the “identical invention” requirement for anticipation under 35 U.S.C. 102?
What is the “identical invention” requirement for anticipation under 35 U.S.C. 102?
The “identical invention” requirement for anticipation under 35 U.S.C. 102 means that the prior art reference must disclose every element of the claimed invention, either explicitly or inherently, in the same configuration as in the claim. As stated in the MPEP 2131:
“A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.”
This requirement ensures that the prior art truly discloses the exact invention being claimed, without any differences or modifications. If any element of the claimed invention is missing from the prior art reference, or if the elements are arranged differently, the reference does not anticipate the claim under 35 U.S.C. 102.
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