What are the implications of deliberately suppressing material information in patent proceedings?
Deliberately suppressing material information in patent proceedings can have severe consequences, including the refusal to enforce patents. The MPEP 2015 cites Supreme Court precedents:
“The U.S. Supreme Court has refused to enforce patents where deliberate steps were taken to suppress material information. See, e.g., Keystone Driller Co. v. Gen. Excavator Co., 290 U.S. 240, 19 USPQ 228 (1933) (patent owner’s suit dismissed where the patent owner paid a third party to keep a prior use secret); Precision Instruments Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 65 USPQ 133 (1945) (suit dismissed where patent owner actively suppressed evidence of perjury to the USPTO).”
These cases demonstrate that intentional suppression of material information can lead to dismissal of patent infringement suits and render patents unenforceable.
To learn more: