How can an inference of suppression or concealment be rebutted?

An inference of suppression or concealment can be rebutted by showing renewed activity on the invention just prior to the junior party’s entry into the field, coupled with diligent filing of a patent application. The MPEP provides several examples of activities that may rebut this inference: Showing activity directed to perfecting the invention Preparing the…

Read More

What does “by another who has not abandoned, suppressed, or concealed it” mean in patent law?

This phrase refers to a provision in pre-AIA 35 U.S.C. 102(g) that makes available as prior art the prior invention of another person who has not abandoned, suppressed, or concealed their invention. The MPEP states: “Pre-AIA 35 U.S.C. 102(g) generally makes available as prior art within the meaning of 35 U.S.C. 103, the prior invention…

Read More

What is the best mode requirement under 35 U.S.C. 112(a)?

The best mode requirement under 35 U.S.C. 112(a) mandates that the inventor must disclose the best mode contemplated for carrying out the invention at the time of filing the patent application. MPEP 2166 provides a form paragraph for best mode rejections: “Claim [1] rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph,…

Read More

How is the adequacy of best mode disclosure determined?

The adequacy of best mode disclosure is determined by evaluating evidence of concealment, whether accidental or intentional. According to MPEP 608.01(h): In determining the adequacy of a best mode disclosure, only evidence of concealment (accidental or intentional) is to be considered. That evidence must tend to show that the quality of an applicant’s best mode…

Read More