35 U.S.C. § 102 –  Patent Rejections Due to Anticipation (Post-AIA)

Subsection 102 of 35 U.S.C. contains 7 sub rules which deal with anticipation rejections. A rejection is anticipation when it relies on prior art to prove it is not novel and it has been done before. Some of the 102 rejections are statutory bars in which there is no way to overcome a rejection if the requirements of the statutory bar are met. An example would be 35 U.S.C. § 102(b) in which a disclosure of the invention in a patent or printed publication more than one year before the applications filing date bars the new applicant from obtaining protection on the disclosed subject matter.

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