Patent guide

Section 102 Rejection Guide

Use this guide to prepare questions about anticipation rejections based on prior art.

Reviewed July 6, 2026. Educational guide, not legal advice or representation.

Why this topic matters

Section 102 Rejection can affect filing strategy, deadlines, evidence, ownership, negotiation, or dispute response.

This guide focuses on anticipation rejections based on prior art.

  • Identify the asset, owner, and current status.
  • Collect filing receipts, USPTO records, contracts, screenshots, drawings, or correspondence.
  • Write down known deadlines and public dates.
  • Ask a licensed professional how the facts change the legal options.

Questions to ask counsel

Use the same core questions in an intake call so the conversation stays practical.

  • What facts are still missing?
  • Which deadlines matter first?
  • What documents should be preserved?
  • What are the likely next steps and decision points?

Documents to organize

A clear document folder can save time and reduce confusion when a filing, response, demand letter, or transaction needs review.

  • Official records and serial, registration, or application numbers.
  • Screenshots, product photos, specimens, drawings, and dated records.
  • Assignments, licenses, contractor agreements, NDAs, and ownership records.
  • Notices, office actions, demand letters, and correspondence.

Related Reading

Reference Sources

Use official intellectual property resources as a starting point, then speak with a licensed lawyer or registered patent practitioner about the specific facts.