What information is considered material to patentability?
Information material to patentability is broadly defined in 37 CFR 1.56. It includes:
- Prior art such as patents and publications
- Information on enablement
- Possible prior public uses, sales, or offers to sell
- Derived knowledge
- Prior invention by another
- Inventorship conflicts
- Litigation statements
As stated in the MPEP, “Materiality is not limited to prior art but embraces any information that a reasonable examiner would be substantially likely to consider important in deciding whether to allow an application to issue as a patent.” This broad definition ensures that examiners have access to all relevant information when making patentability determinations.
To learn more:
Topics:
MPEP 2000 - Duty Of Disclosure,
MPEP 2001.04 - Information Under 37 Cfr 1.56(A),
Patent Law,
Patent Procedure