Basis for rejection
Definition
The specific legal grounds a patent examinerexaminerThe USPTO official who reviews a patent application and decides whether to grant it.Read more → cites when refusing to allow a claimclaimA numbered sentence at the end of a patent that legally defines what the inventor owns. The most important section.Read more →. Common bases include lack of noveltynoveltyThe requirement that an invention be different from anything publicly known before its priority date.Read more → (35 USC § 102), obviousnessobviousnessA 103 rejection: the invention would have been obvious to a skilled person who combined existing prior art. The most common rejection in patent prosecution.Read more → (35 USC § 103), failure to fully describe the invention (35 USC § 112), and unpatentable subject matter (35 USC § 101). An office actionoffice actionAn official letter from the USPTO during examination, usually rejecting some or all claims and explaining why.Read more → will state the basis for each rejection, and applicants must address each one in their response.
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