This version of 35 U.S.C. 102 applies to patent applications that do not have a claim with an effective filing date on or after March 16, 2013.  Since the patent examination process is so lengthy, this older version may still apply for a number of years.

This statute provides the reasons why a patent application might not be allowed due to issues with novelty and statutory bars. For example, an application may be banned from gaining a patent if the subject matter was already patented. Alternately, if the invention was not already patented, but someone wrote about it in a journal, that invention may still be barred under 35 U.S.C. 102.

Another statutory bar deals with inventorship. In every application, the actual inventors must be listed as the inventors of the patent. Therefore, if Sally invents a crystal cutter and shows it off to her boyfriend Joe, Joe cannot run off and patent Sally's idea. If he does, and he is discovered, his application will be rejected under 35 U.S.C. 102.

All-in-all, there are seven subsections of pre-AIA 35 U.S.C. 102; these are sections (a) through (g). We will discuss each of these important subsections in detail since they are fairly complex and throw a wrench in many inventors quest for a patent. More than one 35 U.S.C. 102 rejection may be applied to a single application.

Keep in mind that this breakdown of 35 U.S.C. 102 is the pre-AIA version that only applies to patent applications that do not have a claim with an effective filing date on or after March 16, 2013. We'll discuss the newer version after.