How does the USPTO assess the materiality of information in supplemental examination?

The USPTO’s assessment of the materiality of information in supplemental examination is guided by the principles outlined in MPEP 2816.02. Key aspects of this assessment include:

• Materiality is evaluated in the context of patentability
• Information is material if it creates a substantial new question of patentability (SNQ)
• The standard is whether a reasonable examiner would consider the information important in deciding patentability

The MPEP states: “If the information presented in the request raises a substantial question of patentability for at least one claim, then the examiner should find that a substantial new question of patentability is raised.“

It’s important to note that the materiality standard in supplemental examination is different from the materiality standard used in other contexts, such as the duty of disclosure. The focus here is on whether the information raises an SNQ, not whether it meets a specific threshold of importance.

To learn more:

• materiality
• supplemental examination
• patentability assessment