What are the different types of prior art rejections under 35 U.S.C. 102?

What are the different types of prior art rejections under 35 U.S.C. 102?

Under 35 U.S.C. 102, there are several types of prior art rejections that patent examiners can use. According to MPEP 706.02, the main types are:

• 35 U.S.C. 102(a)(1) rejections: Based on public disclosures before the effective filing date
• 35 U.S.C. 102(a)(2) rejections: Based on earlier-filed patent applications
• Pre-AIA 35 U.S.C. 102(a), (b), (e) rejections: For applications filed before March 16, 2013

The MPEP states:

‘Rejections based on the prior art are to be made whenever practicable on all available statutory grounds.’

Examiners must carefully consider the appropriate type of rejection based on the nature of the prior art and the effective filing date of the claimed invention.

To learn more:

• 35 U.S.C. 102
• prior art rejections
• AIA
• pre-AIA

To learn more:

• 35 U.S.C. 102