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…
Read MoreHow 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 MoreWhat 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 MoreHow does delay in filing a patent application affect suppression or concealment?
The delay in filing a patent application can potentially lead to an inference of suppression or concealment, especially in interference proceedings. However, the MPEP clarifies: “Once an invention is actually reduced to practice an inventor need not rush to file a patent application. […] The length of time taken to file a patent application after…
Read MoreWhat constitutes abandonment, suppression, or concealment of an invention?
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…
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