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