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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Prior Art Rejection Overcome by Various Means MPEP 2152.06 Permitted Prior Art Categories for Rejection Under AIA 102(a)(1) MPEP 2152 Permitted Evidence of Public Use for Prior Art Rejection MPEP 2152 Permitted Ways to Overcome 102 Rejections Also Apply to 103 MPEP 2152.06 Permitted U.S. Patent Documents Only for Prior Art Rejection Under AIA 102(a)(2) MPEP 2152 Permitted Categories of Prior Art Documents and Activities MPEP 2152 Exceptions to Prior Art for Inventor Disclosures MPEP 2152 Prohibited Requirement for Prior Art Documents Under AIA 102(a) MPEP 2152 Printed Publication Can Prove Public Use MPEP 2152 Permitted Documents and Activities for Novelty and Nonobviousness Determination MPEP 2152 Other Related FAQs 5 FAQs Collapse What is an affidavit or declaration under 37 CFR 1.130 and how can it overcome a 35 U.S.C. 102 rejection? How can I use a benefit claim to overcome a 35 U.S.C. 102 rejection? How can common ownership or a Joint Research Agreement help overcome a 35 U.S.C. 102(a)(2) re...