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35 U.S.C. § 102: Novelty; prior art

35 U.S.C. 102 states the novelty requirement and defines the prior art that defeats a patent.

Citation: 35 U.S.C. § 102

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

A claim is not novel, and the patent is invalid for anticipation, if a single earlier reference discloses every element of the claim. Section 102 sets the conditions for patentability based on novelty and the prior art that counts against a claim.

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