What is anticipation in patent law?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Anticipation in patent law refers to a situation where a claimed invention is rejected under 35 U.S.C. 102 because it is not novel over a prior art disclosure. The MPEP states:

A claimed invention may be rejected under 35 U.S.C. 102 when the invention is anticipated (or is “not novel”) over a disclosure that is available as prior art.

This means that if every element of a claimed invention can be found in a single prior art reference, the claim is considered anticipated and may be rejected.

Topics: MPEP 2100 - Patentability MPEP 2131 - Anticipation — Application Of 35 U.S.C. 102 Patent Law Patent Procedure
Tags: Anticipation, Anticipation Elements, Arrangement Requirement, Identity Requirement, Section 102