Which of the following actions is NOT a reason to deny patentability under 102(a)?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

The correct choice indicates that an invention being patentable internationally is not a reason to deny patentability under Section 102(a) of the Patent Act. Section 102(a) primarily focuses on whether an invention is novel and not previously known or used in the U.S. If an invention is patented or disclosed outside of the U.S., it does not automatically bar the patentability of that invention in the U.S. context.

In terms of patent law, the focus is on whether the invention was known or used within the U.S. before the effective filing date of the new application, not on its status in other jurisdictions. Therefore, the fact that an invention can be patented internationally does not impact its novelty or patentability within the United States.

Other options cite specific conditions under which an invention could be rendered unpatentable due to lack of novelty. If an invention is known to the public, has been in use in the U.S., or is already patented or published, these scenarios directly imply that the invention lacks the necessary novelty, which can lead to a denial of patentability under Section 102(a).

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