Can suppression or concealment be attributed to someone other than the inventor?
Yes, suppression or concealment can be attributed to parties other than the inventor, such as an employer or assignee. The MPEP states:
“Suppression or concealment need not be attributed to the inventor.”
For example, if an employer delays filing a patent application for an unreasonably long time, this could potentially lead to a finding of suppression or concealment, even if the inventor was not personally responsible for the delay. The MPEP provides an example:
“[A] four year delay from the time an inventor … completes his work … and the time his assignee-employer files a patent application is, prima facie, unreasonably long in an interference with a party who filed first”
This underscores the importance of timely action in patent matters, not just by inventors, but by all parties involved in the patent process.
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