How does the standard for materiality in reexamination differ from original prosecution?
How does the standard for materiality in reexamination differ from original prosecution?
The standard for materiality in reexamination proceedings is different from that in original prosecution. MPEP 2280 clarifies this distinction: “However, the criteria for materiality in a reexamination proceeding is narrower than in a reissue application. […] For the purposes of a reexamination proceeding, information is material where there is a substantial likelihood that a reasonable examiner would consider it important in determining the patentability of the claims under consideration in the reexamination proceeding.”
This narrower standard means that information must be more directly relevant to the patentability of the claims under reexamination to be considered material. It’s important for patent owners and practitioners to understand this distinction when fulfilling their duty of disclosure during reexamination proceedings.
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