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

The initial step in testing for Prior Art Rejections under Section 102 is to determine the date of invention. This is crucial because Section 102 establishes the framework for identifying what constitutes prior art and when such art is relevant to a specific patent application. In patent law, prior art that predates the date of invention can be used to challenge the novelty of the claimed invention.

Determining the date of invention allows the patent examiner and the applicant to draw a clear line in time to assess whether any prior art exists that may have been disclosed before that point. If prior art is found that predates the inventor's date of invention, then it may serve as a basis for rejecting the patent application due to lack of novelty or patentability.

In contrast, factors such as the date of the Patent Office's rejection or counters from other inventors are subsequent steps that occur after the initial evaluation of the date of invention. Additionally, assessing claims made by the examiner comes into play after establishing the relevant prior art, as it helps to affirm whether the claims in the application are sufficiently novel or non-obvious in light of the prior art discovered during this process. Thus, the determination of the date of invention is foundational and sets the stage for all subsequent analyses in