What does 'suppression' mean in the context of 102(g)?

In the context of 102(g) of the Patent Act, 'suppression' refers to the act of withholding public disclosure of the invention. Specifically, this provision addresses situations where an inventor has made an invention but fails to pursue patent rights or disclose it publicly in a timely manner. By withholding disclosure, the inventor may effectively suppress the knowledge of that invention from entering the public domain, which can have implications for patent rights and defenses against subsequent applications.

This concept is significant in determining the priority of invention between competing inventors. If an inventor intentionally keeps the invention secret, that can affect their ability to claim rights to it against others who may also be working on similar inventions. Thus, suppression in this sense is a crucial aspect to consider when evaluating the timeline and actions taken regarding an invention prior to seeking patent protection.

Other definitions do not encapsulate the notion of suppression in the way specified by 102(g). For example, delaying a patent application or filing multiple applications pertain more to procedural actions and do not capture the essence of withholding disclosure from the public. Similarly, reducing the scope of claims instead relates to claim strategy rather than the act of suppression itself.