MPEP § 706.02 — Rejection on Prior Art (Annotated Rules)
§706.02 Rejection on Prior Art
This page consolidates and annotates all enforceable requirements under MPEP § 706.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Rejection on Prior Art
This section addresses Rejection on Prior Art. Primary authority: 35 U.S.C. 102 and 35 U.S.C. 103. Contains: 1 guidance statement and 1 other statement.
Key Rules
Determining Whether Application Is AIA or Pre-AIA
[Editor Note: Information pertaining to the choice of best art, reliance on abstracts and foreign language documents, and the distinction between 35 U.S.C. 102 and 103 has been moved to MPEP § 2120. Information pertaining to determining the effective filing date of a claimed invention has been moved to MPEP § 2139.01 for applications subject to pre-AIA 35 U.S.C. 102 and MPEP § 2152.01 for applications subject to AIA 35 U.S.C. 102. Information pertaining to the rejection of claims corresponding to patent claims has been moved to MPEP § 706.06.]
[Editor Note: Information pertaining to the choice of best art, reliance on abstracts and foreign language documents, and the distinction between 35 U.S.C. 102 and 103 has been moved to MPEP § 2120. Information pertaining to determining the effective filing date of a claimed invention has been moved to MPEP § 2139.01 for applications subject to pre-AIA 35 U.S.C. 102 and MPEP § 2152.01 for applications subject to AIA 35 U.S.C. 102. Information pertaining to the rejection of claims corresponding to patent claims has been moved to MPEP § 706.06.]
[Editor Note: Information pertaining to the choice of best art, reliance on abstracts and foreign language documents, and the distinction between 35 U.S.C. 102 and 103 has been moved to MPEP § 2120. Information pertaining to determining the effective filing date of a claimed invention has been moved to MPEP § 2139.01 for applications subject to pre-AIA 35 U.S.C. 102 and MPEP § 2152.01 for applications subject to AIA 35 U.S.C. 102. Information pertaining to the rejection of claims corresponding to patent claims has been moved to MPEP § 706.06.]
Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159)
For general information on rejections based on prior art, see MPEP § 2120 et seq. For information specific to rejections based on pre-AIA 35 U.S.C. 102, see MPEP §§ 2132 – 2139.03. For information specific to rejections under AIA 35 U.S.C. 102, see MPEP §§ 2151 – 2156.
For general information on rejections based on prior art, see MPEP § 2120 et seq. For information specific to rejections based on pre-AIA 35 U.S.C. 102, see MPEP §§ 2132 – 2139.03. For information specific to rejections under AIA 35 U.S.C. 102, see MPEP §§ 2151 – 2156.
For general information on rejections based on prior art, see MPEP § 2120 et seq. For information specific to rejections based on pre-AIA 35 U.S.C. 102, see MPEP §§ 2132 – 2139.03. For information specific to rejections under AIA 35 U.S.C. 102, see MPEP §§ 2151 – 2156.
Anticipation/Novelty
By far the most frequent ground of rejection is on the ground of unpatentability in view of the prior art, that is, that the claimed subject matter is either not novel under 35 U.S.C. 102, or else it is obvious under 35 U.S.C. 103. The language to be used in rejecting claims should be unequivocal. See MPEP § 707.07(d).
By far the most frequent ground of rejection is on the ground of unpatentability in view of the prior art, that is, that the claimed subject matter is either not novel under 35 U.S.C. 102, or else it is obvious under 35 U.S.C. 103. The language to be used in rejecting claims should be unequivocal. See MPEP § 707.07(d).
Citations
| Primary topic | Citation |
|---|---|
| Anticipation/Novelty Determining Whether Application Is AIA or Pre-AIA Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | 35 U.S.C. § 102 |
| Anticipation/Novelty | 35 U.S.C. § 103 |
| Determining Whether Application Is AIA or Pre-AIA Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | MPEP § 2120 |
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | MPEP § 2132 |
| Determining Whether Application Is AIA or Pre-AIA | MPEP § 2139.01 |
| Prior Art Under AIA 35 U.S.C. 102 (MPEP 2150-2159) | MPEP § 2151 |
| Determining Whether Application Is AIA or Pre-AIA | MPEP § 2152.01 |
| Determining Whether Application Is AIA or Pre-AIA | MPEP § 706.06 |
| Anticipation/Novelty | MPEP § 707.07(d) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 706.02 — Rejection on Prior Art
Source: USPTO706.02 Rejection on Prior Art [R-10.2019]
[Editor Note: Information pertaining to the choice of best art, reliance on abstracts and foreign language documents, and the distinction between 35 U.S.C. 102 and 103 has been moved to MPEP § 2120. Information pertaining to determining the effective filing date of a claimed invention has been moved to MPEP § 2139.01 for applications subject to pre-AIA 35 U.S.C. 102 and MPEP § 2152.01 for applications subject to AIA 35 U.S.C. 102. Information pertaining to the rejection of claims corresponding to patent claims has been moved to MPEP § 706.06.]
By far the most frequent ground of rejection is on the ground of unpatentability in view of the prior art, that is, that the claimed subject matter is either not novel under 35 U.S.C. 102, or else it is obvious under 35 U.S.C. 103. The language to be used in rejecting claims should be unequivocal. See MPEP § 707.07(d).
For general information on rejections based on prior art, see MPEP § 2120et seq. For information specific to rejections based on pre-AIA 35 U.S.C. 102, see MPEP §§ 2132 – 2139.03. For information specific to rejections under AIA 35 U.S.C. 102, see MPEP §§ 2151 –2156.