How are Defensive Publications cited as prior art?

Defensive Publications are cited as prior art under specific conditions: They are considered printed publications and cited under 35 U.S.C. 102(a)(1) or pre-AIA 35 U.S.C. 102(a) or 102(b). They become effective as prior art from the date of publication in the Official Gazette. They can be used alone or in combination with other prior art…

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What is the difference between anticipation and obviousness in patent rejections?

What is the difference between anticipation and obviousness in patent rejections? Anticipation and obviousness are two distinct grounds for rejecting a patent application based on prior art: Anticipation (35 U.S.C. 102): This occurs when a single prior art reference discloses all elements of the claimed invention. As stated in MPEP 2131, “A claim is anticipated…

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What is the purpose of MPEP 715.01(c)?

MPEP 715.01(c) provides guidance on how to overcome a rejection under pre-AIA 35 U.S.C. 102 when the reference cited is a publication of the inventor’s own invention. The section explains: Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 prior art based on a publication may be overcome by a showing…

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