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LSDefine
Simple English definitions for legal terms
Section 102 rejection
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A quick definition of Section 102 rejection:
A Section 102 rejection is when someone's application for a patent is denied because their idea is not new or original. This means that someone else has already come up with the same idea and has a patent for it. It's like trying to claim a toy as your own, but someone else already has the same toy and has proof that it belongs to them. The person who applied for the patent can try to change their idea or argue that it is different enough to still be patentable.A more thorough explanation:
A Section 102 rejection is when a patent examiner finds that a claim in a patent application is not new or novel. This means that the invention has already been disclosed or made public in some way, so it cannot be patented.
For example, if someone tries to patent a new type of phone case, but someone else has already patented a similar phone case, the patent examiner may issue a Section 102 rejection.
Another example is if someone tries to patent an invention that they have already made public, such as by publishing a description of it online or presenting it at a conference. In this case, the patent examiner may also issue a Section 102 rejection.
Overall, a Section 102 rejection is a way for the patent office to ensure that only truly new and innovative inventions are granted patents.