Legal Definitions - patent suppression

Patent suppression refers to the intentional decision by a patent holder not to use or commercialize their patented invention. This deliberate non-use is typically done to prevent competitors from benefiting from the invention, or to deny the public access to a new product, process, or technology, often to protect existing market interests or avoid disruption.

Here are some examples to illustrate patent suppression:

• Pharmaceutical Industry Scenario: A large pharmaceutical company patents a groundbreaking new drug that offers a significantly more effective and safer treatment for a common chronic illness than their existing best-selling medication. However, to protect the substantial revenue generated by their current drug, which is still under patent protection, the company decides to intentionally delay or completely withhold the new, superior drug from the market. They do not license it to other companies, nor do they produce it themselves, effectively denying patients access to a better treatment to safeguard their financial interests in an older product.

  This illustrates patent suppression because the company is deliberately choosing not to use its patented invention (the new drug) to prevent the public from benefiting from it, specifically to protect its market share and profits from an existing, less effective product.

• Automotive Technology Scenario: An established automotive manufacturer acquires a patent for a revolutionary battery technology that could drastically increase electric vehicle range and reduce charging times. Instead of integrating this technology into their upcoming models, they decide to keep the patent shelved. Their motivation might be to avoid the massive retooling costs required for their existing production lines, or to prevent a rapid obsolescence of their current electric vehicle lineup, which they have heavily invested in. By doing so, they prevent competitors from using this advanced battery and deny consumers the benefit of superior electric vehicles.

  This demonstrates patent suppression as the manufacturer intentionally refrains from implementing a patented technology to avoid internal costs and market disruption, thereby withholding a significant advancement from both competitors and the public.

• Sustainable Packaging Scenario: A major consumer goods company patents an innovative, fully biodegradable packaging material that is significantly more environmentally friendly than traditional plastics. Despite the clear environmental benefits, the company chooses not to implement this new packaging across its product lines. Their reasoning might be that the current plastic packaging is cheaper to produce and distribute, and switching to the new material would require renegotiating contracts with suppliers and investing in new machinery. By not using their patented invention, they deny the public and the environment the benefit of reduced plastic waste.

  This is an example of patent suppression because the company deliberately avoids using its patented eco-friendly technology, primarily to maintain existing cost structures and avoid operational changes, thereby preventing environmental and consumer benefits.