What characterizes a 102(g) rejection?

A 102(g) rejection is characterized by proof of being the first inventor through conception and diligence. This provision of patent law pertains to circumstances where two or more inventors independently develop the same invention. In such cases, the one who can demonstrate earlier conception of the idea and that they have exercised reasonable diligence in reducing it to practice may be awarded priority.

To establish a 102(g) rejection, the patent examiner must provide evidence that the subject matter claimed by the applicant was already invented by another party in the U.S., who can prove that they conceived of the invention first and took appropriate steps towards bringing it to realization. This emphasis on the inventor's journey—from conception to diligent efforts to develop the invention—underscores the focus of a 102(g) rejection.

In contrast, other options relate to different aspects of patent law. Claims about prior art being published refer more to the circumstances covered under a prior art rejection based on publication (such as a 102(a) or 102(b) rejection). Foreign patent agreements have no direct bearing on U.S. patent examinations regarding 102(g) issues. Lastly, publication dates that precede the filing date would also not pertain specifically to a 102(g) rejection but rather relate to the