Legal Definitions - abandoned, suppressed, or concealed

In patent law, the phrase abandoned, suppressed, or concealed refers to an earlier invention that was not made public, not actively pursued, or not patented by its original creator. When an invention falls into this category, it generally means that it cannot be used to prevent a later, independent inventor from obtaining a patent for a similar invention. The law aims to encourage inventors to disclose their creations to the public or seek patent protection, rather than keeping them secret indefinitely.

Here are some examples illustrating this concept:

• Example of Abandoned: Imagine an engineer who invents a novel, energy-efficient engine design. They build a working prototype and document their findings thoroughly. However, after a few months, they receive an exciting job offer in a completely different field, lose interest in the engine project, and put all their notes and the prototype into storage, never discussing it with anyone or attempting to patent it. Years later, another inventor independently develops and patents a very similar engine design.

  Explanation: The first engineer's invention would be considered "abandoned" because they ceased all efforts to develop, disclose, or patent it, effectively giving up on the invention. As a result, their earlier, abandoned invention would likely not be considered "prior art" that could invalidate the second inventor's patent.

• Example of Suppressed: A large technology company develops a groundbreaking new display technology that is far superior to anything currently on the market. However, the company has heavily invested in its existing display technology, which is still highly profitable. To avoid disrupting its current revenue stream and to maximize profits from its existing products, the company intentionally decides to keep the new, superior display technology a secret, not pursuing patenting or public disclosure for several years.

  Explanation: This scenario demonstrates "suppressed" because the company deliberately withheld the invention from the public and the patent system, not to protect it for future development, but to prevent it from competing with their current products. If another company independently invents and patents a similar display technology during this period, the first company's suppressed invention would likely not be considered prior art against the new patent.

• Example of Concealed: An individual inventor develops a unique security system for homes in their private workshop. They keep their work entirely secret, never publishing anything about it, showing it to others, or filing a patent application. Many years later, a major security firm independently develops and patents a very similar security system, which then becomes widely available to the public.

  Explanation: This is an example of "concealed" because the inventor intentionally kept their invention secret from the public and the patent system. Since the hobbyist did not make their invention publicly known or pursue patent protection, their earlier, concealed invention would likely not be considered "prior art" to invalidate the security firm's patent. The law encourages inventors to bring their creations to public light through disclosure or patenting.