Where can I find information on overcoming a 35 U.S.C. 102 rejection?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
Information on overcoming a 35 U.S.C. 102 rejection based on a printed publication or patent has been moved to MPEP § 2120.01. This section provides strategies and procedures for responding to and potentially overcoming novelty rejections.
For AIA applications specifically, information on overcoming a 35 U.S.C. 102(a)(1) or 102(a)(2) rejection can be found in MPEP § 2152.06. This includes guidance on using affidavits or declarations to establish exceptions to prior art under AIA 35 U.S.C. 102(b).