Which section addresses situations where another application published before the applicant's invention may affect patent eligibility?

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The section that addresses situations where another application published before the applicant's invention may affect patent eligibility is 35 U.S.C. § 102(e). This specific provision deals with the effective filing date of an application and how prior-filed applications can impact the novelty of a later application. Under § 102(e), an application that is publicly available (published) before the filing date of a subsequent application can be used to establish that the later application is not novel. This means that any claims in the later application that are identical or obvious in light of the published application may be rejected.

The other sections touch on different aspects concerning novelty and prior art. For example, § 102(a) relates to conditions for patentability based on prior patents or publications that existed before the invention date. Meanwhile, § 102(b) specifically addresses the one-year grace period for certain disclosures, and § 102(c) pertains to situations involving joint invention or abandonment, which are less relevant in this context. Understanding the nuances of these sections is crucial for determining potential impacts on patent eligibility when dealing with prior publications or applications.

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