A 102 rejection known as anticipation can occur when every element of a patent claim is found to have been disclosed prior to the applicant's filing date. This means the claimed invention is not novel. To overcome this rejection, the patent claims may need to be changed to better distinguish the invention from the prior art. When an anticipation rejection occurs, it indicates the initial prior art search failed to uncover all relevant prior inventions, otherwise the attorney would have drafted different claims to avoid anticipation.
A 102 rejection known as anticipation can occur when every element of a patent claim is found to have been disclosed prior to the applicant's filing date. This means the claimed invention is not novel. To overcome this rejection, the patent claims may need to be changed to better distinguish the invention from the prior art. When an anticipation rejection occurs, it indicates the initial prior art search failed to uncover all relevant prior inventions, otherwise the attorney would have drafted different claims to avoid anticipation.
Original Description:
Not a frequent occurrence in patent law, but it happens from time to time.
A 102 rejection known as anticipation can occur when every element of a patent claim is found to have been disclosed prior to the applicant's filing date. This means the claimed invention is not novel. To overcome this rejection, the patent claims may need to be changed to better distinguish the invention from the prior art. When an anticipation rejection occurs, it indicates the initial prior art search failed to uncover all relevant prior inventions, otherwise the attorney would have drafted different claims to avoid anticipation.
A 102 rejection known as anticipation can occur when every element of a patent claim is found to have been disclosed prior to the applicant's filing date. This means the claimed invention is not novel. To overcome this rejection, the patent claims may need to be changed to better distinguish the invention from the prior art. When an anticipation rejection occurs, it indicates the initial prior art search failed to uncover all relevant prior inventions, otherwise the attorney would have drafted different claims to avoid anticipation.
Not
as
frequent
as
obviousness,
a
102
rejection
known
as
anticipation
arises
when
every
element
of
your
claim
is
disclosed
by
someone
prior
to
your
filing
date.
Therefore,
it
is
said
that
your
invention
lacks
novelty,
which
might
be
overcome
by
changing
your
claims.
When
this
happens,
it
means
that
the
initial
prior
art
search
failed
to
reveal
all
the
inventions
that
were
relevant
to
yours,
otherwise
your
attorney
or
agent
would
have
altered
the
scope
and
content
of
your
claims.
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You
Novel?
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me
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include
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