What is anticipation in patent law?

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.

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Topics: MPEP 2100 - Patentability, MPEP 2131 - Anticipation — Application Of 35 U.S.C. 102, Patent Law, Patent Procedure
Tags: 35 u.s.c. 102, Anticipation, novelty, Patent Rejection