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

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.

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 of another who has not abandoned, suppressed or concealed it.”

This means that if someone invents something before you but doesn’t abandon, suppress, or conceal it, their invention can be used as prior art against your patent application, even if they haven’t publicly disclosed it.