To test for Prior Art Rejections based on section 102, what is the first step?

The first step in testing for prior art rejections based on section 102 is to determine the date of invention. This is crucial because section 102 is centered around the concept of novelty and what constitutes prior art. The date of the invention helps establish whether a reference can be considered prior art against that invention.

In patent law, prior art includes all information that was available before the date of invention that could affect the patentability of a claimed invention. Understanding the date of the invention allows patent examiners and applicants to assess whether any specific reference or disclosure precedes that date, thus potentially qualifying as prior art that could render the invention unpatentable.

The other potential steps focus on aspects that come after understanding the foundational timeline of the invention or relate to specific procedural or engagement elements after the initial foundational information is established.