What constitutes abandonment, suppression, or concealment of an invention?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Abandonment, suppression, or concealment of an invention can occur when an inventor fails to take appropriate steps to make their invention publicly known within a reasonable time after completion. The MPEP cites the following examples:

“Thus failure to file a patent application; to describe the invention in a publicly disseminated document; or to use the invention publicly, have been held to constitute abandonment, suppression, or concealment.”

It’s important to note that what constitutes a “reasonable time” can vary depending on the circumstances and is often determined on a case-by-case basis. Inventors should be diligent in taking steps to protect their invention and make it public to avoid potential issues with abandonment, suppression, or concealment.

Topics: MPEP 2100 - Patentability MPEP 2138.03 - "By Another Who Has Not Abandoned Or Concealed It" Patent Law Patent Procedure Suppressed
Tags: Contested Case Jurisdiction, Interference Proceedings, Ptab Contested Case