MPEP 2131: Anticipation Under 35 U.S.C. 102

Answer in brief

MPEP 2131: "A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference" (Verdegaal Bros.). The elements must be arranged as in the claim, though the reference need not use the same words.

What MPEP 2131 covers

Anticipation is the § 102 novelty test: one reference, every element.

2131.01: when more than one reference may be used in a § 102 rejection, for example to show a reference is enabled or to explain its meaning.
2131.02: genus-species situations; a species anticipates a genus.
2131.03: anticipation of ranges.
2131.04: secondary considerations do not rebut anticipation.
2131.05: a reference that disparages the claimed invention can still anticipate.

How examiners use it

A § 102 rejection maps each claim element to a passage or figure in one reference. If any element is missing, the right rejection is obviousness under § 103, not anticipation.

On the patent bar

Know the single-reference rule, that a species anticipates a genus, and that evidence of nonobviousness cannot overcome anticipation.

Read the full text

Official title: Anticipation — Application of 35 U.S.C. 102 [R-08.2017].

Read MPEP 2131 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2131.

Questions & answers

What is anticipation in patent law?

Lack of novelty: every element of the claim is disclosed, expressly or inherently, in a single prior art reference.

Sources for this entry

USPTO — MPEP § 2131 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2112: Inherency MPEP 2141: Determining Obviousness Under 35 U.S.C. 103 MPEP 2125: Drawings as Prior Art

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Cite or share this entry

MPEP.net. “MPEP 2131: Anticipation Under 35 U.S.C. 102.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2131/