How does the suppression and concealment doctrine affect inventorship in patent law?
The suppression and concealment doctrine can significantly impact inventorship in patent law. According to the MPEP:
“The result of applying the suppression and concealment doctrine is that the inventor who did not conceal (but was the de facto last inventor) is treated legally as the first to invent, while the de facto first inventor who suppressed or concealed is treated as a later inventor.”
This means that if the first inventor suppresses or conceals their invention, they may lose their rights to claim priority. The second inventor who didn’t suppress or conceal their invention could be legally recognized as the first inventor, even if they actually invented it later.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2138.03 - "By Another Who Has Not Abandoned,
Or Concealed It",
Patent Law,
Patent Procedure,
Suppressed