What are the main ways to overcome a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2152.06 - Overcoming A 35 U.S.C. 102(A)(1) Or 102(A)(2) Rejection,
Patent Law,
Patent Procedure