What is the “identical invention” requirement for anticipation under 35 U.S.C. 102?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. What is the “identical invention” requirement for anticipation under 35 U.S.C. 102? The “identical invention” requirement for anticipation under 35 U.S.C. 102 means that the prior art reference must disclose every element of the claimed invention, either explicitly or inherently, in the same configuration as in the claim. As stated in the MPEP 2131 : “A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference.” This requirement ensures that the prior art truly discloses the exact invention being claimed, without any differences or modifications. If any element of the claimed invention is missing from the prior art reference, or if the elements are arranged differently, the reference does not anticipate the claim under 35 U.S.C. 102. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Must Be Anticipated By Single Prior Art Reference MPEP 2131 Claim Must Be Anticipated Over Prior Art MPEP 2131 Invention Must Not Be Anticipated by Prior Art MPEP 2131 Permitted Claim Must Be Fully Anticipated By Single Reference MPEP 2131 Claim Must Be Fully Disclosed In One Reference MPEP 2131 Claim Must Be Anticipated Broadly MPEP 2131 Required Claim Must Be Fully Described MPEP 2131 Required Elements Must Match Claim Order MPEP 2131 Required Requirement for Copending Design Patent as Prior Art MPEP 1504.03 Recommended Claim Covers Multiple Structures Anticipated If Any Known MPEP 2131 Other Related FAQs 5 FAQs Collapse How does anticipation apply to claims covering multiple structures or compositions? What is anticipation in patent law? How is a claim rejected as anticipate...