Can the mere lapse of time bar a patent under pre-AIA 35 U.S.C. 102(c)?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, the mere lapse of time does not bar a patent under pre-AIA 35 U.S.C. 102(c). According to MPEP 2134:

“The mere lapse of time will not bar a patent. The only exception is when there is a priority contest under pre-AIA 35 U.S.C. 102(g) and applicant abandons, suppresses or conceals the invention.”

This means that simply waiting a long time to file a patent application doesn’t automatically result in abandonment. However, in cases of priority contests under pre-AIA 35 U.S.C. 102(g), time can be a factor if it’s associated with abandonment, suppression, or concealment of the invention. The MPEP notes:

“Abandonment, suppression and concealment are treated by the courts under pre-AIA 35 U.S.C. 102(g).”

Inventors should be aware that while time alone doesn’t bar a patent, actions (or inactions) over time could potentially affect their rights in priority disputes.