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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Rejection Based on Pre-AIA 35 U.S.C. 102 MPEP 706.02 Rejection Based on Prior Art MPEP 706.02 Rejection Under AIA 35 U.S.C. 102 MPEP 706.02 Determine Effective Filing Date for Invention MPEP 706.02 Most Frequent Ground of Rejection Is Prior Art MPEP 706.02 Prior Art Search for Claims MPEP 706 Review Claims with Prior Art MPEP 706 Recommended Claim Rejection Standard Must Be Preponderance of Evidence MPEP 706 Determining Application AIA Status MPEP 706.02 Claims Corresponding to Patents Must Be Rejected MPEP 706.02 Other Related FAQs 5 FAQs Collapse How does the AIA first inventor to file system affect prior art rejections? How does the AIA affect prior art considerations in patent examination? How does the USPTO define &#8216;prior art&#8217; for patent examination? How does the USPTO handle IDSs in Requests for Continued Examination (RCE)? How are continuation or divisional applications filed under former 37 CFR 1.62 treated now?